BABULAL CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) This is the appeal of the accused Babulal Choudhary, who on his conviction under section 307 of the I.P.C., has been sentenced to six years RI. and also to pay the fine of Rs. 2000/- and in default of fine, to further undergo one years RI.

(2.) Complainant P.W. 1 Smt. Chandrakalabai is the daughter-in-law of the appellant accused. P.W. 2 Narendra Kumar aged 20 years is Smt. Chandrakalabais real brother, who used to live with Smt. Chandrakalabai and her husband Pooran, in their house at Ranjhi at the relevant time. Narendra Kumar, during the relevant period, was employed as a servant at the shop of Seth Brothers, who were dealing with ready-made garments in the shop at Sadar Bazar, Jabalpur. The house in which Smt. Chandrakalabai and her husband and so also Smt. Chandrakalabais brother Narendra Kumar lived comprised of only one room and one verandah (Parchhi), the room having exits with one door in front and one door at the back. A shallow well is situated about 3 to 4 feet from the back door of the room. The well had a parapet which, however, was at the level of the Babulal Choudhary Vs. The State of M.P. IMPORTANT POINT Where inculpating evidence of the eye-witnesses is highly interested and embellished it is not at all trustworthy. ground only.

(3.) According to the prosecution, Proprietor of Seth Brothers suspecting that his servant P.W. 2 Narendra Kumar was committing theft of ready-made garments from his shop, had sent other servant P.W. 3 Gautam to Chandrakalabais house where her brother Narendra Kumar did live, to search and find out whether any stolen goods of the shop were there or not. Gautam (P. W. 3) accompanied with the appellant-accused and two or three other persons had come to Smt. Chandrakalabais house. No stolen garments were found in any of the boxes of Narendra Kumar. The appellant-accused was stated to have abused Narendra Kumar and to have brought out Narendra Kumar from the back door of the room by pushing him and then to have further pushed him in the well close-by. Narendra Kumar was taken out from the well with some injuries on his person and Smt. Cnandrakalabai mean while lodged the report quite immediately at the Police Station Ranjhi. Injuries were examined and after due investigation, the appellant-accused was put up for trial under section 307 I.P.C. The appellant-accused claimed to be innocent and denied to have pushed Narendra Kumar in the well. No evidence were adduced in defence.