NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Narayan and Bhagirath, who were tried alongwith one Bhanwaribai, the wife of Bhagirath have been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life by Additional Sessions Judge, Narsingarh, vide his judgment dated 9/2/1995 in Sessions Trial No. 66/1999. Said coaocused Bhanwaribai who was charged with the aid of Section 109 of IPC, has however, been acquitted by the trial court.

(2.) We have heard Mr. Jaisingh, sr. counsel appearing with Mr. Sisodiya. Advocate for appellants and Mr. Girish Desai. Dy. Advocate General for respondent State. To out short the judgment we may observe at the outset that it is a conviction without evidence.

(3.) Dead body of deceased Ramsingh was recovered from his fields in the morning of 1/11/1990 at village Kishorpura. It was found that he has been murdered by inflicting cutting wounds on his head and neck. A report in this regard was lodged with the police, on the basis of which a crime was registered and the investigation foll.owed. The only evidence which the police could collect against the appellants was that of last seen and recovery of certain arms in the wake of disclosures made by the accused appellants while in police custody. However during evidence the witnesses examined regarding last seen did not support the prosecution story and the impugned conviction is based solely on the remaining evidence regarding recovery of blood stained weapons at the instance of the accused appellants. It is, however, seen that the seized weapons namely: Farsi and an Axe, were found stained with human blood but the group of the blood found on these weapons could not be determined (vide FSL Report Ex. P/10 and Seriological Report Ex. P/21). We are afraid, no inference of guilt could be drawn on the basis of such a recovery without there being any evidence regarding blood group which is absent in the instant case.