STATE OF M.P. Vs. CHAMRU @ BHAGWANDAS

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur directing acquittal of the respondents. The trial Court had found the accused Charnru guilty of offences punishable under sections 302, 307 and 324 of the Indian Penal Code, 1860 (in short "the IPC). He was awarded death penalty for the quadruple murders. Accused Geetabai was awarded life imprisonment for offence punishable under section 302 read with section 34 IPC along with sentence of fine. They were both sentenced to ten years' rigorous imprisonment and three years' rigorous imprisonment on the other two heads of charge along with various sums of fine. Both accused challenged their conviction and sentence and filed appeals. The trial Court made a reference to section 366 of the Criminal Procedure Code, 1973 (in short "the Code") for confirmation of the death sentence. The High Court found the prosecution version to be not cogent and credible and directed acquittal. It may be noted that there was a gruesome murder of four persons. Two of them were minors. Though the High Court was conscious of this fact, yet, it found the evidence of the witnesses to be not credible and cogent and, patently unreliable and, therefore, directed acquittal.

(2.) THE prosecution version in a nutshell is as follows:

(3.) THE first information report (Ex.P -4) was lodged next morning by village Patel Bhupatsingh (PW2). This set the investigation in motion. Dr. A.K. Yadu (PW9) performed the autopsy and EX.P -17 A to EX.P -20A are the post -mortem reports. He testified that all these persons died a homicidal death.