STATE OF ORISSA Vs. NAZRUL ALI SEKH

JUDGEMENT

(1.) This appeal has been directed against the judgment and order of acquittal of the respondents recorded by the learned Sessions Judge, Balasore, finding them to be not guilty of the charges under S.302 read with Ss.34, 328 and 379 of the Penal Code. The case against the respondents and Sk. Satar Ali (P.W.1), who turned approver, was that on the 2nd day of June, 1976, they committed murder in furtherance of their common intention by administering poison to Atulya Dhan Mishra while he was travelling in the Howrah-Hyderabad Express Train in between Jaleswar and Balasore Railway Stations in order to commit theft and committed theft of bundles of readymade garments and other articles from his possession. To bring home the charges, the prosecution had examined twenty witnesses. The learned trial Judge considered the evidence of the approver and found that the had made a true disclosure about the commission of the crimes, but his evidence had not received corroboration regarding the complicity of the respondents. The learned Additional Standing counsel has fairly submitted that having perused the evidence, he finds that the view recorded by the trial court in this regard cannot be assailed. The learned counsel for the respondent 3 has submitted that there is no case against this respondent. By order dt Nov. 7, 1983 passed by this Court, the appeal against the respondent 3 has been split up to be heard separately as the other two respondents could not be apprehended by then, but as there is no evidence whatsoever supporting the evidence of the approver, the learned Additional Standing Counsel has submitted that the appeal may also be disposed of as against them and in our view, it would be reasonable and proper to do so.

(2.) Having accepted pardon for his immunity, the approver must prove his worthiness for his credibility. In order to be acted upon, the evidence of an approver must fulfil a double test. His evidence must show that he is a witness of truth. If this test is satisfied, it must receive sufficient corroboration from reliable sources. The evidence of an approver is to be corroborated in material particulars and qua each accused. In the instant case, the approver's evidence had received no corroboration. The finding of acquittal recorded by the learned Sessions Judge is justified and no interference is called for.

(3.) In the result, the appeal fails and is dismissed. The respondent 3 Sultan Ali Sekh, who is in custody, be set at liberty forthwith. No further steps need be taken as against the other two respondents as the entire appeal has been disposed of. D. P. MOHAPATRA, J. :- I agree. Appeal dismissed.