BHAROGI Vs. STATE OF M P

JUDGEMENT

(1.) Several persons were sent up for the murder of one Ramnath Singh, Patwari, but six were tried together in Sessions Trial No. 104/81 while the instant appellant having absconder could not be tried with them.

(2.) What had to be stated at the outset is that when the co-accused of the instant appellant preferred an appeal to this court challenging their convictions and sentences passed by the learned Sessions Judge, by judgment rendered on 7-8-1985 in Criminal Appeal No. 45 of 1982 this Court acquitted all the accused holding that the sole eye-witness Naresh Singh was not a reliable witness and on his testimony conviction could not be brought, home to the said accused-appellants. Later, when the instant appellant Bharosi was apprehended he was tried and he was also convicted by the Sessions Court under Section 302/34 I.P.C. and sentenced to undergo life imprisonment.

(3.) Two questions arise for our consideration in this case. In the second trial the only evidence adduced, on which the conviction was based, is that of Jagroop Singh, P.R 3, who was Conductor of the bus in which Ramnath Singh, Patwari, was traveling at the relevant time. The prosecution case was that 5 or 7 persons had ambushed the bus and they bad dragged out the deceased and inflicted fatal injuries on him leading to his death. To this Jagroop Singh deposed in the second trial and be also deposed that Naresh Singh, who had been examined earlier in the first trial, was in the same bus in which Ramnath Singh, Patwari, was travelling. Learned Additional Sessions Judge accepted the earlier evidence of Naresh Singh, which was proved and exhibited as Ex. P. 7 in the second trial with the aid of Section 299(1) Cr. P.C.