STATE OF MP Vs. PURMA

JUDGEMENT

(1.) HEARD on the qustion of grant of leave to appeal against the impugned judgment of the trial Court.

(2.) ACCUSED Respondents are tried for the offences punishable under Ss. 148, 302/149. 307/149 and 506 of the IPC, for committing murder of one Mangilal S/o Tulsiram and causing serious injuries to Tulsiram S/o Bhaunji and Gulabsingh S/o Tulsiram. Learned trial Judge acquitted all the accused respondents of the offence punishable under Ss. 302/149 IPC, 307/149 and S. 506 IPC. However, by the impugned judgment the learned trial Judge convicted all the accused respondents under S. 323/34 IPC and sentenced to undergo one year RI and Rs. 1,000/ - fine.

(3.) WE have carefully perused the record and considered submission of the learned counsel for the appellant. So far as the offence under S. 302 of IPC is concerned, the alleged eye witnesses of the incident PW. 4 Kanhaiyalal, PW 5 Champalal and PW 16 Amra were declared hostile as they did not support the case of prosecution. PW 10 Amarlal examined on behalf of prosecution, lodged the FIR is said to have received the information of committing murder of Mangilal from PW. 5 Champalal. When PW 5 Champalal did not support the case of the prosecution the facts stated in FIR on his information cannot be considered in evidence for the purpose of offence of S. 302. PW 8 Lalsingh and PW 9 Tulsiram deposed on the basis of information received from PW 10 Amarlal.