STATE OF MADHYA PRADESH Vs. SEWA SINGH

JUDGEMENT

(1.) The State of Madhya Pradesh is in appeal against the judgment of Madhya Pradesh High Court, Jabalpur, directing acquittal of the respondent. Respondent, who had been convicted for offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (in short the IPC) and sentenced to undergo RI for five years and to pay a fine of Rs.5,000/-, preferred an appeal against the judgment of learned Additional Sessions Judge, Tikamgarh. The High Court accepted the appeal and directed acquittal of the respondent.

(2.) The background facts in a nutshell are as follows: Achelal (hereinafter referred to as the deceased), while in custody, was slapped and kicked on his testicles by the accused, who was the S.H.O., and that resulted in his death. The autopsy on the body of Achelal was conducted by a panel of three doctors on 14.12.1987. The post mortem report is Ex. P-1A. According to this report no external or internal injury was found on the dead body. The cause of death has been shown as unknown. The viscera of the dead body was preserved. It was sent to the Forensic Science Laboratory, Sagar and as per report Ex.P-21, the presence of Ethyl Alcohol was detected therein.

(3.) The respondent took the plea that he had not assaulted the deceased. Placing reliance on the evidence of Kusum (PW-6) who claimed to be witness, conviction was recorded by the Trial Court and sentence was imposed as noted above. The High Court found that the evidence of PW-6 was not reliable and in any event the medical evidence completely ruled out the version presented by PW-6.