LexSTATE OF M.P versus MAKHAN @ MADAN & ORS.
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[2008] 14 S.C.R. 507 STATE OF M.P A II. MAKHAN @ MADAN & ORS. (Criminal Appeal Nos. 46-47 of 2003) OCTOBER 16, 2008 B [DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM ' SHARMA, JJ.] --\ Penal Code, 1860; Ss. 148, 302 rlw s. 149: / Assault and murder by forming an unlawful assembly - c Deceased succumbed to the injuries inflicted by accused persons - F /. R . ....: Trial Court found accused persons guilty of committing offences punishable under Ss. 148 and 302 rlw s. 149 /PC and sentenced them to undergo rigorous imprison- ment for life etc. - Acquitted by High Court by discarding tes- D timony of eye witnesses - Correctness of - Held: Correct - -~ There was discrepancy in the statement of witnesses as re- gards the place of occurrence and also the identity of accused persons - Hence, no infirmity found in the impugned order warranting any interference - Testimony of witnesses - Reli- E ance upon. Respondents, accused persons, were convicted by the trial Court for committing murder of the deceased. The issue which arose for determination before the Supreme Court in this criminal appeal was as to whether the High F Court erred in acquitting the accused persons by discard- ing the evidence of relative eye witnesses. Dismissing the appeals, the Court HELD: 1.1 The High Court with reference to evidence G of PW1, wife of the deceased, noted that in the First lnfor- -4 mation Report it was stated that the place of occurrence is Kanji House Bazar Bohalla but in court the witnesses stated that the accused persons had assaulted the de- 507 H 508 SUPREME COURT REPORTS [2008] 14 S.C.R. A ceased by lathi and rod at the residence of PW 7, Sarpanch of the gram panchayat. (Para - 5) [510-C-D] 1.2 PW 5 stated in her examination in chief that she had seen the accused persons assaulting the deceased B with fists and slaps but in cross examination she had stated that when she reached the police station alongwith PW 1 they had disclosed that the deceased was lying in injured condition and had not disclosed the names of the accused persons. (Para - 5) [510-E-F] c 1.3 PW5 stated that they had reached the police sta- tion at about mid night. But the FIR was registered early morning on the next day. PW2 in his statement had stated that he could not identify any of the accused persons due to darkness. If that be so, the evidence of PW1 and PW5, D that they had clearly identified the accused persons can- not be believed. It is true that even in darkness known persons can be identified from the manner of speech, style of walking and several other peculiar features. But the evidence of PW2 was to the effect that because of dark- E ness none of the accused persons could be identified. (Para - 5) [510-G-H; 511-A-B] 2. There is discrepan~y not only as regards the place of occurrence but also on several vital aspects like non- disclosure and non-possibility of identification. Hence, F judgment of the High Court does not suffer from any infir- mity to warrant interference. (Para - 5) [511-B] CRIMINALAPPELLATE JURISDICTION: Criminal Appeal Nos. 46-47 of 2003 G From the final Judgment and Order dated 28.3.2001 of the High Court of Madhya Pradesh, at Jabalpur in Criminal Ap- peal Nos. 959 and 960 of 1990 H C.D. Singh, Aditya Singh and Sunny Choudhary for the Appellant. )..._ I ~ -~ STATE OF M.P. v. MAKHAN@ MAD,!\N 509 & ORS. ---i S.K. Gambhir, Dr. Kailash Chand, Anil K. Sharma and T.N. A Singh for the Respondents. The Judgment of the Court was delivered by DR. ARIJIT PASAYAT, J. 1. Challenge in these appeals is to the judgment of a Division Bench of Madhya Pradesh High B Court at Jabalpur directing acquittal of the respondents who --1 are hereinafter referred to as the 'accused'. The accused per- sons faced trial for alleged commission of offence punishable under Sections 148, 302 read with Section 149 of the Indian ,, Penal Code, 1860 (in short the 'IPC'). They were found guilty by the Additional Sessions Judge, Betul in ST case No. 169 of c 1989 and were convicted and sentenced to undergo rigorous imprisonment for one years and life respectively. 2. Prosecution version in a nutshell is as follows: On 15. 7 .1989 Prem la! (hereinafter referred to as the 'de- D ->-i ceased') had called a doctor for treatment of his sister and while he was returning after seeing off the doctor and reached near Kanji House Bazar Bohalla, accused persons had altercation with him and in
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