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Judgment
Conviction,Sentence
Under Section 302/34 of the Indian Penal Code (for
short 'the IPC')","Life imprisonment and fine amount of Rs.500/- and,
in default of payment of fine amount, further
Rigorous Imprisonment for 15 days each.
Under Section 201/34 IPC,"Rigorous imprisonment for five years with fine of
Rs.500/- and, in default of payment of fine amount,
further RI for 15 days each.
Sentences have been directed to run concurrently,
handed over to one Durgesh Jaiswal, brother of the deceased. H.S. Tomar (P.W.9) and N.K.Dubey (Ex.P.11) are the investigating officers and have",
assisted the prosecution case. Dr. Sanjay Singh (P.W.10) has conducted the post-mortem examination of the dead body of deceased Umeshchandra,
and noticed one lacerated wound of 6 x 2 cm x bone deep over occipital region. He submitted its report (Ex.P.27) by opining that the cause of death,
was due to coma owing to head injury and has thus assisted the prosecution case.,
The defence witnesses, namely, Ramesh Singh (D.W.1), Tribhuwan Kumar (D.W.2) and Mathura Prasad Sanwra (D.W.3) have been examined",
only for the purpose of ascertaining the age of the accused Shashi Sawar, who has already been acquitted by the trial Court. The evidence of these",
witnesses are thus formal in so far as the commission of the alleged crime is concerned.,
A close scrutiny of the entire evidence of the prosecution would show unequivocally that there is no eyewitness in the matter. On perusal of the,
entire evidence adduced by the prosecution witnesses, it is evident that none of them have either supported the prosecution case and turned hostile or",
stated anything against the appellants with regard to the commission of alleged crime so as to attribute the appellants in relation to the commission of,
alleged crime. Further, there is no F.S.L. report to show its nexus with the crime in question. Even the close relatives of the deceased, namely, Anurag",
Jaiswal (P.W.2), Banshidhar Jaiswal (P.W.7) and Durgesh Jaiswal (P.W.8) have not stated anything against the appellants. In fact, there is no cogent",
and reliable evidence on record establishing involvement of the appellant in crime in question. Therefore, the findings recorded by the trial Court",
convicting the appellants in relation to the offence punishable under Section 302/34 and 201/34 are liable to be set aside.,
Consequently, the appeal is allowed and the impugned judgment convicting the appellants in relation to the offence punishable under Section 302/34",
and 201/34 IPC is hereby set aside. The appellants are acquitted of the aforesaid charges. The appellants shall be set at liberty at once forthwith, if",
not required in any other case.,