KALUA Vs. STATE OF M.P.

JUDGEMENT

(1.) IT is said that in the night between 15th and 16th May, 1988, a dacoity was committed at the house of one Ramesh Chandra Goyal in Gwalior city in which huge number of ornaments and property Was carried away and Ramesh Chandra Goyal and his wife Basanti Devi Goyal were murdered. The only material which appeared against the applicant/accused Kalua was police statement dated 18.8.1988 of one Munna to the effect that Kalua had made extra -judicial confession to him that he alongwith some others was involved in the said incident of dacoity. This police statement was neutralised by Munna's testimony dated 18.4.1990, which was recorded when applicant Kalua was absconding. In that testimony, which can be utilised as former statement at the trial of Kalua, Munna denied that Kalua had made any kind of extra -judicial confession. He also denied having made any kind of police statement imputed to him. A confessional statement of Kalua was also recorded by the Police on 11.12.1990, but that led to no discovery and seizure of anything. That material is, therefore, absolutely inadmissible against Kalua, being confessional statement under section 25 of the Evidence Act. Considering the material of police statement of Munna which was neutralised by his testimony in Court, there was absolutely no material to frame a charge against applicant Kalua for the offence u/S 396 I.P.C., as Additional Sessions Judge wrongly did. The impugned order dated 22.7.1992 framing charge against applicant Kalua is a non -speaking order, which compelled this Court to itself find out the material which had appeared against applicant Kalua. On the material that appeared, which has already been explained, the charge against applicant Kalua for the offence u/S 396 I.P.C. was absolutely groundless. The charge against him deserves to be quashed.

(2.) IN view of the above, this revision is allowed. The charge against applicant Kalua for the offence under section 396 I.P.C. is quashed. He is discharged of the said offence. He shall be set at liberty forthwith, if not required in any other case.