BILLU ALIAS INDRAPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Billu alias Indrapal has been convicted under section 326/34 IPC and sentenced to rigorous imprisonment for three years and fine of Rs. 500/ -. Accused Rameshpuri and Jaswant alias Jassu were also convicted under section 326/34 IPC for causing grievous hurt to Anantmani (PW 1) and sentenced to rigorous imprisonment for three years and fine of Rs. 500/ -. It is not known and it does not appear from the record whether they have preferred any appeal against their conviction and sentence.

(2.) AFTER perusal for the evidence on record and after hearing the arguments of both the sides, it is found that it is an admitted fact that the accused Billu alias Indrapal did not cause any injury to Anantmani (PW 1). The injuries are said to have been inflicted by Rameshpuri, Jashwant and Gopal. The evidence against the appellant is said to be of exhortation. In the FIR Ex. P -1 appellant Billu alias Indrapal is said to have used the words" ...[VERNACULAR TEXT COMITTED]... There is variance in the words which the witnesses have ascribed to the appellant. On a close scrutiny of the evidence on record, the charge against the appellant is not proved beyond reasonable doubt. The Supreme Court has held in Jainul Haque v. State of Bihar AIR 1974 SC 45 that the evidence of exhortation is, in the very nature of things, a weak piece of evidence. There is quite often a tendency to implicate some person, in addition to the actual assailant by attributing to that person an exhortation to the assailant to assault the victim. Unless the evidence in this respect is clear, cogent and reliable, no conviction for abetment can be recorded against the person alleged to have exhorted the actual assailant. In the present case the evidence is not satisfactory. It does not establish the charge under section 326/34 IPC against the appellant.

(3.) IN view of the above discussion, the conviction of appellant Billu alias Indrapal for the offence punishable under section 326/34 IPC and sentence passed by the trial Court are set aside. The amount of fine, if recovered, be refunded to the appellant.