STATE OF MADHYA PRADESH Vs. BASODI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court at Jabalpur directing acquittal of the respondent (hereinafter referred to as the accused) by setting aside the judgment of learned Second Additional Sessions Judge, Chhindwara who had convicted the accused-respondent for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) and Section 27 of the Arms Act, 1959 (in short the Arms Act). Life imprisonment and five years rigorous imprisonment respectively were awarded. Accused was charged for having committed the murder of his nephew Mangalu (hereinafter referred to as the deceased).

(2.) Background facts in a nutshell are as under:

(3.) Being aggrieved, the accused preferred an appeal before the High Court. Primary stand before the High Court was that the so called extra judicial confession was not believable. The prosecution version is totally inconsistent. No explanation has been offered for the delay in lodging the First Information Report. The High Court found that the evidence relating to extra judicial confession is clearly unacceptable and accordingly directed acquittal as noted above.