STATE OF M.P. Vs. CHHAYARAM

JUDGEMENT

(1.) THIS appeal is directed by the State of Madhya Pradesh on being aggrieved by the judgment of the High Court of Madhya Pradesh at Jabalpur rendered in Criminal Appeal No. 1020 of 1973 whereby the High Court has allowed the appeal of the respondent and set aside the judgment of the trial Court convicting the respondent under section 302 IPC and sentencing him to undergo imprisonment for life.

(2.) ACCORDING to the prosecution on May 23, 1973 at about 7 a.m. between village Deogar and Badpali the respondent -accused axed the deceased Andhi @ Sirmati to death which occurrence is stated to have been witnessed by PWs 1 and 2.

(3.) PWS 1 and 2 are projected as eye -witnesses to the occurrence. These two witnesses deposed that they witnessed the occurrence on their way to the market and on seeing the occurrence they returned to the village and reported this incident to PW 3, the brother of the deceased. It may be mentioned here that PW 2 is none other than the daughter -in -law of PW 3. Thereupon PW 3 went to the scene and saw his sister lying dead in a pool of blood with innumerable cut injuries.