ALAM Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this appeal the appellants are impugning the order of conviction and sentence passed against them by the 2nd Addl. Sessions Judge, Shajapur by which he had convicted the appellants for committing an offence punishable u/s 302 r/w 34 IPC and sentenced them to undergo imprisonment for life as well as fine of Rs. 1,000/ -, in default to undergo further RI for one year.

(2.) PROSECUTION case in brief is that on 8.12.92 at about noon time, the appellants assaulted deceased with weapons like axes, sticks and caused such bodily injuries which resulted in his death. Prosecution examined PW Bane Singh, PW Kailash, PW Parvatibai, the widow of deceased Hansraj, PW Parvatibai, the daughter of deceased for proving the guilt of the appellants. Prosecution also examined Dr. Vijay Kumar Singh who had performed the post mortem examination in respect of the dead body of deceased Hansraj.

(3.) SHRI A. Siddiqui, counsel appearing for the appellants submitted that when the prosecution was required to disown the credibility of PW Bane Singh in respect of some of the co -accused when Bane Singh was required to be cross -examined, learned trial Judge has committed error in accepting his evidence for basing the conviction and sentence against the appellants. He submitted further that when Bane Singh was supporting the names of co -accused, it was very risky to base the conviction on his evidence. He submitted that the evidence of solitary witness which has been disowned and declared hostile by prosecution itself, cannot be the basis of a conviction and sentence in a murder case. Shri S.H. Sen, Dy G.A. appearing for the prosecution justified the order of conviction and sentence as correct, proper and legal.