STATE OF RAJASTHAN Vs. RAM NIWAS
SUPREME COURT OF INDIA
STATE OF RAJASTHAN
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(1.)The respondent was married to Sneh Lata on 25/03/1986. A child, namely, vishwas (PW-2) was born to the parties in the year 1988. Sneh Lata died on 22/12/1993 in her house. It is alleged that poison was administered to her by the respondent - her husband in the presence of Vishwas, PW-2. The first information report was lodged by the brother of the deceased on the same day at 11.30 p. m. in the night. The respondent was charged for the commission of the offence punishable under sections 302 and 498a of the Indian penal Code. After recording the evidence, the trial court acquitted the accused. Leave to file acquittal appeal was denied by the high Court vide the order impugned in this appeal by special leave.
(2.)Relying upon the statement of PW-2, learned counsel appearing for the appellant- state has urged that the trial court was not justified in acquitting the respondent because pw-2 had categorically stated that poison was administered to his mother - sneh Lata by his father-respondent. It is further submitted that as there is no infirmity in the statement of PW-2, the same could be made the basis for conviction of the respondent.
(3.)The trial court has taken note of undisputed facts and thereafter referred to the statement of PW-2 wherein the facts of the occurrence have been narrated by the said witness. After noticing certain inherent defects and keeping in mind the statement of dw-1 Renu, who was admittedly present at the time when occurrence took place and apparently being influenced by the fact that prem Chand Soni, another person who is stated to have come on the spot immediately after occurrence, had not been examined as witness by the prosecution, the trial court concluded that it was difficult to rely upon the testimony of the child witness for the purpose of convicting the respondent. On appreciation of facts and keeping in mind the narrations of PW-2, the trial court concluded that he was a tutored witness.
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