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Judgment
Conviction,Sentence
Under Section 304 Part II of the Indian Penal Code,"Rigorous Imprisonment for 5 years and fine of Rs.500/-
with default stipulation
him and Jagmohan (PW3) told them that the Appellant and his mother Teresa had assaulted the deceased. But, Jagmohan (PW3) has not supported",
the above statement of Baldeoram (PW1) and has stated that Ramzan (PW4) and Jhagru had come to him and told that the Appellant had assaulted,
his father. Ramzan (PW4) has not corroborated the above fact and Jhagru has not been examined by the prosecution.,
No doubt, the deceased was found in his house in injured condition. But, from the statement of Manju (PW2), it is clear that in the house of the",
deceased, along with him, this witness, the Appellant and his mother were also residing together. In the circumstance, possibility of commission of",
murder of the deceased by any of them other than the Appellant cannot be ruled out. Though on the basis of the memorandum statement (Ex.P5) of,
the Appellant a tangi was seized from him and on chemical examination of the said tangi blood stains were also found on it, there is no serological",
report available on record in this regard to establish that the blood stains found on the tangi were human blood and that too the same was of blood,
group of the deceased. Therefore, even the seizure of the tangi from the Appellant does not prove the case of the prosecution beyond reasonable",
doubt. Apart from the above, it is also pertinent to mention here that the assault was made on the deceased on 4.2.2002 and he died on 10.3.2002.",
Before his death, the deceased was also treated in the hospital. There is no evidence on record to show that the deceased remained unconscious",
during the period from 4.2.2002 till 10.3.2002. If the deceased was conscious during the said period, why was his dying declaration not recorded is not",
explained by the prosecution. Thus, from the aforesaid discussion, I find that the prosecution has not been able to prove its case beyond reasonable",
doubt.,
Consequently, the appeal is allowed. The impugned judgment of conviction and sentence is set aside. The Appellant is acquitted of the charge",
framed against him.,
Record of the Court below be sent back along with a copy of this judgment forthwith for information and necessary compliance.,