Supreme court helds that the Court is required to find out the true genesis of the incident and accordingly convict or acquit the accused.
Supreme court helds that the Court is required to find out the true genesis of the incident and accordingly convict or acquit the accused.
Title – Balaram Vs State of Madhya Pradesh
Decided on- 08/11/ 2023
+Crl appeal no.- 2300/2009
CORAM- JUSTICE B.R GAVAL.
INTRODUCTION
As in this criminal appeal Appellant file an appeal challenges the judgement and order passed by the Division Bench of the High court and the learned special judge and second additional session Judge whereby the Hon’ble apex court quashed and set aside the order and the appeal is been allowed.
FACTS
As per the facts the prosecution side Ramkali , Mulchand along with relative pannalal and son Ashok as well as grand daughter Rani and two villagers were going on a bullock cart to May from Ujhawal. Where pannalal was driving the cart as per the prosecution when cart reached near Village Ransol were more then 4 person came infront of the cart and stopped their cart. where Rameshwar (since Deseaed ) ,appellant balaram along with few people where first shot was hit by the Ramesh another was hit by the uma Charan to Ashok and again a shot was fired to Ramkali
Where pannalal reported to the police on the basis of which an FIR was lodge under sec 307 of IPC and following the death of Ashok the case converted to one under sec 302 of the IPC. Where the case tribal by the special judge it came to be committed to the special judge & second additional session Judge where six accused came to be tried for the offence punishable under sec 147,148,302, 149,307 and 341 of IPC where the learned court found that accused Ram Bharosey, Munna , Uma Charan and Amar Singh were entitled to be acquitted for the charges but Rameshwar ( since Deseaed)was found guilty for commission of offences punishable under section 148, 302, 307 read with section. 149 of the IPC and the appellant Balaram was found Guilty for commission of offences punishable under sec section 148 ,302 read with 149 and sec 307 of IPC. Where as again appeal was preferred by the accused which was dismissed by the High court .So, Rameshwar and Balaram appeal to this court but during the pendency of the appeal Rameshwar died and as such the appeal against him has abated for which it only left with the appeal of the appellant Balaram.
THE COURT ANALYSIS AND DECISION
As with the assistance of the learned council for the parties the court has perused the evidence where the court observed that in a locus classicus case there are three types of witnesses as if the witness wholly reliable or wholly unreliable there is no difficultly inasmuch as relying on even the solitary testimony of witnesses could be based or testimony to be totally discarded the court face difficulty only in the third category of witnesses which is partly reliable and partly unreliable and the court us required to separate the chaff from the grain to find out the true genesis if the incident where the court examine the testimony of Ramkali and Mulchand where Ramkali did not mention about the appellant whereas Mulchand where attributes the fire injuries to three person where the third one to appellant and the court analysis that the testimony of Ramkali and Mulchand is in the category of wholly unreliable witnesses and as per all the evidence and documents the court accept the appeal of the appellant and Quashed & set aside the order and judgement recorded by the learned special judge and second additional session judge and the order of the High court .
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Written by – Prachee Novo Mukherjee