STATE OF MADHYA PRADESH Vs. NISAR

JUDGEMENT

(1.) Challenge in this appeal is to the order of a Division Bench of the Madhya Pradesh High Court, setting aside the judgment of conviction recorded by the Trial Court by a learned Additional Sessions Judge in ST. No.44 of 1988 and directed acquittal of the respondent. Accused faced trial for offence under Section 302 of Indian Penal Code, 1860 (in short the Code).

(2.) Background facts in a nutshell are as follows: The case, as presented at the trial was that Kandhai and Chherkoo did not return home in the evening. A he-goat of Sitaram was also missing. The search party located the he-goat in village Karhitola in the house of Barelal (PW-4). Accused Nisar had sought shelter for the night at Barelals house and had brought the he-goat with him. On being questioned, the accused admitted having killed Kandhai because the latter had abused him when he was taking away the he-goat. He also confessed the murder of Chherkoo whose body was recovered at his instance.

(3.) The first information report (Ex.P-l) was lodged by Bhaiyalal next morning, after recovery of the body of Kandhai. The body of Chherkoo was recovered during the course of the day on the information given by accused Nisar during investigation. The usual investigation followed, and in due course the accused was tried for the offences as already described above. The trial resulted in conviction on all heads of charge.