PULARU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - This appeal is filed under the provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act for offences punishable under Sections 148, 302, 302 read with 149, I.P.C. The trial Court acquitted all the accused. The State preferred an appeal. The High Court acquitted A-2 to A-8 but convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life.

(2.) The prosecution case is as follows:

(3.) The prosecution mainly relied on the evidence of P.Ws. 1, 3 and 5 who are direct witnesses and the medical evidence. Before the trial Court it was urged that the occurrence time was 7.20 p.m. and it was highly impossible for anybody to identify the assailants, as has been spoken by P.Ws. 1, 3 and 5. The trial Court looked into the almanac and came to the conclusion that at 7. p.m. it must have been dark and, therefore, it would not have been possible for the witnesses to identify the assailants. Mainly in that view of the trial Court acquitted all the accused.