BABAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SPECIAL leave granted. Heard counsel on both sides. We have perused the judgments of the trial court as well as the High Court. Having perused the evidence of P.W. 1 placed before us and the version of the incident in the First Information Report recorded shortly after the incident, we are of the view that so far as the appellant Baban is concerned he did not inflictor cause any injury to the deceased. Even according to the version in the F.I.R. the statement made by P.W. 1 Uma was that her head, struck against the stick of Baban in the scuffle. It, therefore, appears that in the course of the scuffle between her deceased husband on the one hand and Deepak and others on the other her head struck against the stick of Baban which was purely accidental. In court she stated that Baban was armed with an axe. She also involved others not named in F.I.R. Her evidence was recorded after a long delay of almost 8 years and, therefore, there are certain contradictions and improvements. But so far as the case against the other two is concerned we have on an assessment of the evidence dismissed the SPECIAL Leave Petitions. But so far as Baban is concerned we think that the evidence is not convincing, in that, there is no sufficient evidence to show that he shared the common intention SUPREME COURT OF INDIA Page 2 of 2 with the other two and, therefore, we think he is entitled to the benefit of doubt. We, therefore, allow this appeal, set aside the order of conviction and sentence in so far as Baban is concerned and direct that he shall be set at liberty at once, unless required in any other matter. Appeal allowed.