MUCHAKI BHIMA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant Muchaki Bhima has been convicted under section 302 Indian Penal Code and sentenced to life imprisonment for the murder of his son-in-law, Uika Deva. On the morning of 13-10-1979. Uika Deva was present in his house in village Harsungpal in district Bastar, along with his two wives, deceased Hungi and Uika Samli (P.W.1). Uika Deva got annoyed with his senior wife Hungi on her failure to provide tobacco. Uika Deva then assaulted Hungi with a Musal, which was lying nearby, as a result of which she died on the spot. His junior wife, Uika Samli (P. W. 1) wept to inform others in the village, including the appellant Muchaki Bhima, father of Hungi, who then came to the house of Uika Deva. Thereafter, Uika Deva was found dead in the house, having been inflicted some injuries on the head with a hard and blunt weapon. In the first information report (Ex. P. 1) lodged by Uika Samli (P. W. 1), she had alleged that the appellant was greatly upset at the death of his only daughter Hungi and in that state he picked up a Musal, which was lying nearby and inflicted some injuries with the same to his son-in-law Uika Deva, who had killed Hungi. This led to the prosecution of the appellant and his conviction as aforesaid.

(2.) The prosecution case rests on the testimony of Uika Samli (P.W. 1), junior wife of the deceased Uika Deva and some other witnesses examined as eye witnesses. However, none of them, including Uika Samli (P. W. 1) has supported the prosecution case inasmuch as all of them turned hostile. Admittedly, there is no consistent version of even a single witness to support the prosecution case of assault on Uika Deva by the appellant Muchaki Bhima. This being so, there is no reliable and cogent legal evidence to support the appellant's conviction by fixing his identity as the assailant of Uika Deva. Obviously, for this reason the conviction of the appellant cannot be sustained.

(3.) Consequently, the appeal is allowed. The conviction and sentence of the appellant are set aside and he is acquitted. He shall be released forthwith, unless wanted in some other case.