Shorn of details, the facts leading to the present appeals are as under: 2.1 On 2 August 1998, Narendra Singh Bais (PW-12), posted at the Police Out Post, Vijay Nagar, under Police Station, MIG., was informed that a person had been done to death by stabbing and causing cut wounds in Meghdoot Garden and Prem Narain (PW-5) had given a Dehati Report with regards to the said incident.
Also Read: https://newslaw.in/case-type/civil/remand-of-writ-petition-for-restoration-and-decision-on-merits/
In the said Report, he had stated that he was a resident of Ramnagar and about 03 months before the date of the aforesaid incident, his elder son, Jagdish (the brother of the deceased) was beaten by the Accused/Appellants Babbu @ Nandkishore, Vijay, Naresh, and Deepak and a Report to that extent was also lodged at P.S. 2 The prosecution case, in a nutshell, is that, on the said information given by PW-5, PW-12 recorded a Dehati Nalishi at the Police Choki and a report was accordingly sent to P.S. 4 After the investigation, a chargesheet came to be filed in the Court of learned Judicial Magistrate First Class, Indore which committed the case to the learned Sessions Court which forwarded the same to the learned Trial Court for conducting the trial and deciding over the matter. Shri Sushil Kumar Jain submits that the conviction is based solely on the testimony of Prem Narain (PW-5), the father of the deceased.
Apart from Prem Narain (PW-5), who is the father of the deceased, Virender Sahu (PW-4) and Jagdish (PW-8), who are the brothers of the deceased, were also examined as eye-witnesses.
It is further to be noted that Prem Narain (PW-5) has admitted to the previous enmity between his family on the one hand and the accused persons on the other hand. Prem Narain (PW-5) in his examination-in-chief stated that, on 2 August 1998, which was a Sunday, at around 8.45 P.M., 8 he had gone in the Meghdoot Garden to search for his younger son Dharmender. It is relevant to refer to his admission in his cross- examination, which is as under: “It is correct that I had gone to see Dharmender in Meghdoot Garden by chance because he used to go there only.
Also Read: https://newslaw.in/case-type/criminal/presumption-of-genuine-endorsements-in-cheque-case/
As already stated herein above, there is an admitted previous enmity between Prem Narain (PW-5)’s family on one hand and the accused persons on the other hand.
Can it be a mere coincidence that Prem Narain (PW-5) goes to the Meghdoot Garden to search for his younger son Dharmender and at the same time, he finds the appellants assailing the deceased and thereafter run away?
We do not find that the evidence of Prem Narain (PW-5) is of such a quality that would inspire confidence in the Court.
Also Read: https://newslaw.in/case-type/civil/medical-negligence-and-compensation-a-landmark-decision/
Pending application(s), if any, shall stand disposed of.
Case Title: VIJAY . Vs. THE STATE OF MADHYA PRADESH (2023 INSC 699)
Case Number: Crl.A. No.-001771-001771 / 2009
