SHAMBHOO SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th of July 1996 passed in Session Trial No. 632/93 by the First Additional Session Judge, Bastar at Jagdalpur. By the impugned judgment, the appellants were convicted u/s 302 /34 IPC and sentenced to undergo imprisonment for life. Appellant No. 2-Sunder Singh died during the pendency of the appeal on 18.11.2011. The appeal filed by appellant No. 2, therefore, has abated.

(2.) The facts, briefly stated, are as under:--

(3.) Mr. N.K. Mehta, learned counsel appearing on behalf of the appellant, argued that 161 Cr.P.C. statements of the above two child witnesses were firstly recorded on 23.9.93 in which they did not make allegations against the appellants; their subsequent statements u/s 161 & 164 Cr.P.C. were recorded on 4.10.93 and 12.10.93 in these statements only they made allegations against the appellants; even in the Court evidence, they admitted that they were threatened; therefore, late disclosure made by them was fatal to the prosecution and conviction based on their such testimonies cannot be sustained.