RAMESH CHAND Vs. STATE

JUDGEMENT

(1.) THE appellants were indicted before the learned Sessions Judge, Bundi in Sessions case No. 124/93 for having committed murder of Foriya. THEy were found guilty, thus, convicted and sentenced as under:- Ramesh Chand : Under Section 302 I. P. C. Life Imprisonment with fine of Rs. 100/-, Under Section 376 (2) I. P. C. Life imprisonment with fine of Rs. 100/ -. Rajmal @ Raju & Bajrang Lal : Under Section 302 read with Section 34 I. P. C. Life Imprisonment with fine of Rs. 100/-, Under Section 376 (2) I. P. C. Life Imprisonment with fine of Rs. 100/ -.

(2.) ALL the sentences were directed to run concurrently.

(3.) THEIR Lordship's of the Supreme Court in Bhiva Doulu Patil vs. State of Maharastra (1), had occasion to examine the legal question as to whether the statement of accomplice which is not corroborated may be relied upon or not. It was indicated in para 7 of the judgment, thus:- "the combined effect of Secs. 133 and 114, illustration (b) may be stated as follows: According to the former, which is a rule of law, an accomplice is competent to give evidence and according to the latter which is a rule of practice it is almost always unsafe to convict upon his testimony alone. Therefore, though the conviction of an accused on the testimony of an accomplice cannot be said to be illegal yet the Courts will, as a matter of practice, not accept the evidence of such a witness without corroboration in material particulars. "