LexSTATE OF MADHYA PRADESH versus BASODI
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STA TE OF MADHYA PRADESH A v. BASODI AUGUST 1, 2007 [DR. ARinT PASAYAT AND P.P. NAOLEKAR, JJ.] B Penal Code, 1860-s.302-Conviction by Trial Court-Set aside by High Court~Appeal against the acquittal-Held: Extra-judicial confession purportedly made by accused not believable-Prosecution version lacked C credibility-No explanation offered/or delay in lodging FIR-Acquittal order passed by High Court consequently upheld-Arms Act, 1959-s.27. Respondent was charge--sheeted for committing the murder of his nephew. Respondent had allegedly fired at the deceased from his muzzle loading gun in the aftermath of a land dispute. On the memorandum of D Respondent, the muzzle loading gun was purportedly recovered and seiud. Trial Court disbelieved the claim of recovery of gun, however, held that the extra judicial confession by Respondent before PWs 1, 3 and 8 was clearly acceptable and accordingly convicted him under s.302 IPC and s.27 of the Arms Act, 1959. High Court held that the evidence relating to extra judicial confession could not be believed and acquitted the Respondent. Hence the E present appeaL Dismissing the appeal, the Court HELD: 1.1. From th~ evidence of PW-8 it appears that the accused purportedly came and told him about having shot his nephew i.e. the deceased. F He advised the accused to go to the Kotwar of Almod. Ram Prasad (PW-3) is the son of Village Kotwar; PW-1 stated that when the accused was being taken by him, PW-3 and PW-8 to the Police Station, the accused again confessed having killed the deceased. (Para 61 (756-8) 1.2. According to the ve~ion of PW-3 the distance between the place of G occurrence and his house is about 10 K.M. and it takes about two hours to reach his place. He has stated that the accused reached him at about 4.00 p.m. According to the FIR and the version of PW-1 and PW-8, the occurrence took place ~t 4.00 p.m. and thereafter PW-8 had advised the accused to go to 753 H 754 SUPREME COURT REPORTS (2007) 8 S.C.R. A the Kotwar of Almod. This statement, therefore, is contradictory in the sense that if accused had made any confession before PW-3 at about 4.00 p.m. after travelling the distance from the house of PW-8, the incidence could not have taken place at about 4.00 p.m. as claimed by PW-1 and PW-3. [Para 6) (756-C-D) B 2. No explanation whatsoever has been offered for the delayed presentation of the FIR. It was the specific stand of the prosecution that PWs. 1, 3 and 8 had taken the accused with them to the police station where the gun was seized from the accused. This version gets totally discredited in view of what the police official (PW-10) stated. According to him, the statement of the accused was recorded when he was found after search and the -accused c was not before him when the FIR was lodged. Nothing more need be stated to show that the so called extra-judicial confession is a myth and the prosecution version lacks credibility and has been rightly discarded by the High Court. The order of acquittal passed by the High Court does not suffer from any infirmity to warrant interference. [Para 6) [756-E-G) ' D CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 50 of 2002. From the Judgment & Order 13 .07 .1998 of the High Court of M.P .at Jabalpur in Criminal Appeal No. 700 of 1988 - E Vibha Dutta Makhija for the Appellant. Abinash Coomar for the Respondent. The Judgement of the Court was delivered by DR ARIJIT PASA Y AT, J. I. Challenge in this appeal is to thejudgment F rendered by a Division Bench of the Madhya Pradesh High Court at Jabalpur directing acquittal of the respondent (hereinafter referred to as the 'accused') by setting aside the judgment of learned Second Additional Sessions Judge, Chhindwara who had convicted the accused-respondent for offence punishable. under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and Section 27 of the Arms Act, 1959 (in short the 'Arms Act'). Life imprisonment G and five years rigorous imprisonment respectively were awarded. Accused was -charged for having committed the murder of his nephew Mangalu (hereinafter referred to as the 'deceased'). 2. Background facts in a nutshell are as under: H On 19.8.1987 in the afternoon the deceased had gone to his field >- "" 7- ~ ... STATEOFMADHYAPRADESHv. BASODl[PASAYAT,J.) 755 Kodakodi for ploughing. The respondent who happened to be uncle of A deceased dissuaded the deceased from ploughing the f
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