STATE OF M.P. Vs. BACCHUDAS @ BALRAM

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is by the State of Madhya Pradesh to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench at Gwalior, directing acquittal of the respondents. The trial Court had found the respondents (hereinafter referred to as the "accused") guilty of offence punishable under section 304 (Part II) of the Indian Penal Code, 1860 (in short the "IPC") read with section 34 IPC. Each of the accused persons was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/ - with default stipulation.

(3.) THE evidence of three witnesses, i.e., Dropadibai PW1 (widow of the deceased), Arun Das PW2 (son of the deceased) and Vinod (PW11), another child witness, were found to be of consequence by the trial Court. The trial Court found that the circumstances highlighted presented a complete chain and therefore, guilt of the accused persons was established. Accordingly, they were convicted and sentenced as aforestated. In appeal, the High Court found that the evidence of Vinod (PW 11), the child witness was unbelievable. Similar was the evidence of Arun Das (PW2). It was noted that the silence of PW2 for about six hours was unusual. Further the evidence of Dropadi (PW 1) was at variance with that of PW2. A different version of the incident was indicated in the first information report. Therefore, the High Court concluded that prosecution has not established the accusations. .