STATE OF MADHYA PRADESH Vs. GHUDAN

JUDGEMENT

(1.) State of Madhya Pradesh is in appeal before us against a judgment of the High Court of Madhya Pradesh at Jabalpur in Crl. A. No. 825 of 1988 whereby the High Court allowed the appeal of the respondent herein and set aside the conviction and sentence imposed on him by the Additional Sessions Judge, Bhopal under Sections 302, 380 and 457 of the IPC in ST No. 90 of 1986.

(2.) Brief facts necessary for the disposal of this appeal are as follows :

(3.) The High Court during the course of its judgment which is now impugned before us came to the conclusion that the evidence of PW-26 which was the basis for conviction of the respondent cannot be relied upon because the High Court was of the opinion that PW-26 could not have identified the respondent for want of sufficient light. It is, of course, an admitted fact that the respondent was a stranger to PW-26. The High Court also came to the conclusion that the identification by the appellant at the test identification parade cannot also be relied upon and there was every possibility of the respondent being shown to PW-26 prior to the test identification parade. The High Court also chose not to place any reliance on the ballistic report because even according to the prosecution the empties which were recovered from the place of incident six months earlier were not really sealed.