RAJJU ALIAS PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant along with three other accused persons was put on trial for an offence under S. 302 read with S.34 of the Penal Code, for having committed the murder of one Munna, on 1-10-1979.

(2.) It is the case of the prosecution that on 1-10-1979, being the Dussehra. day, Munna, (the deceased) had his lunch with Vishwanath (PW-2) and had fixed his dinner at the place of Pancham (PW-6), a relative of PW-2. The deceased reached the house of PW-6 in the evening. PW-6 went to call PW-2. At that very time someone called Munna from outside. It is said that the appellant along with other three accused persons (since acquitted) started assaulting the deceased. In the meantime, PW 2 reached there and saw the deceased being assaulted. Among the four accused persons he identified only the appellant, After sometime the accused persons fled away leaving the Pharsa on the spot. PW-2 immediately ran to Prem Narayan (PW-1), the brother of the deceased, to inform him. PW-1 came along with PW-2 at the place of occurrence and found the victim dead. PW-1 located the First Information Report at 8.50 p.m. The occurrence is said to have taken place at about 8.00 in the evening. In the First Information Report PW-1 gave the version about the assault was narrated by PW-2 and he named only the appellant saying that he along with three others had assaulted his brother (the deceased).

(3.) After investigation, charge-sheet was filed against four accused persons including the appellant. However, the learned Additional Sessions Judge came to the conclusion that it was not safe to convict the accused persons on basis of the two eye-witnesses PW2 and PW-3 and he gave benefit of doubt and acquitted the accused persons including the appellant.