STATE OF M.P Vs. BUDRU

JUDGEMENT

(1.) THIS criminal appeal by the State is directed against the judgment dated 31-5-1989 delivered by the 3rd Additional Sessions Judge, Bastar place at Jagdalpur in Sessions Trial No. 48/87, whereby the Respondents Arjun and Baldeo and deceased co-Respondents Budru and Raghu were acquitted of the charge under Sections 147, 302 read with Section 149 of the I.P.C.

(2.) THE appeal has abated against the Respondents Budru and Raghu, who died during pendency of this appeal.

(3.) SHRI Ashish Shukla, learned Government Advocate for the State/Appellant argued that even if the prosecution had not examined independent witnesses Manto, Mani and Mansingh, the testimony of Sitaram P.W.-3 alone could form the basis for convicting the Respondents under Sections 147, 302 read with Section 149 of the I.P.C. It was also argued that failure to offer explanation for the simple injuries sustained by the Respondents did not render the testimony of Sitaram unworthy of credit. Besides, Sonsingh P.W.-4 had also proved the oral dying declaration of Shivnath implicating Budru and Baldeo for the assault by Farsi and knife respectively on him. Therefore, the acquittal of the Respondents by the learned Additional Sessions Judge ought to be set aside and the Respondents were liable to be convicted under Sections 147, 302 read with Section 149 of the I.P.C. Reliance was placed on State of M.P. v. Kalu Ram and Anr. 2004 SCC (Cri) Supp 323, Ram Udgar Singh v. State of Bihar 2004 SCC (Cri) Supp 550.