PANDIT RAM PRAKASH SHARMA Vs. KHARAITI LAL

JUDGEMENT

(1.) This appeal is filed by the father of Gobind Ram, who was killed by accused Kharaiti Lal, on 24-11-1985 at about 9.30 p.m. The Appellant Kharaiti Lal was acquitted by the High Court by allowing his appeal against the order of conviction passed by the Court of Additional Sessions Judge, Ferozepur in Sessions Case 20/86 (Sessions Trial No. 46/86)

(2.) Along with Kharaiti Lal, 3 other accused were also tried for the murder of Gobind Ram and for causing injuries to Subhash Chander, P. W. 7. In order to prove its case the pro-secution had examined P. W. 6 Vijay Kumar and P. W. 7 Subhash Chander. The trial Court believed both these witnesses with respect to participation in the incident by Kharaiti Lal. It did not believe their evidence with respect to the remaining 3 accused. Thus they were acquitted and Kharaiti Lal was convicted under Section 302, IPC.

(3.) The High Court on reappreciation of evidence did not think it safe to rely upon the evidence of the two eye-witnesses. The High Court took this view as there was no motive whatsoever for Kharaiti Lal to leave Subhash Chander and attack Gobind Ram on that day. Another reason given by the High Court was that as both these witnesses were not believed as regards the injuries stated to have been caused by accused Subhash Chander and accused Ramesh Kumar and as they had not explained remaining 8 injuries on the deceased it was not safe to rely upon their evidence even with respect to the injuries alleged to have been caused by Kharaiti Lal.