KAMAL MAHAR Vs. STATE OF MADHYA PRADESH
SUPREME COURT OF INDIA
STATE OF MADHYA PRADESH
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(1.)On the allegation that Laldas. Sukhdev singh and Kamal Mahar murdered one hukum Singh on 11.11.1987 near Jhajha pond in the village Allaha Navagaon, charges were framed against them and trial was conducted.
(2.)In the evidence tendered before the trial court the prosecution relied strongly upon the evidence of Keshav Ram -P. W. 11. who is stated to have seen the accused persons last in the company of the deceased on the date of his murder. Further, certain recoveries had been effected pursuant to the statements made by the accused in question and the same have been seized in the presence of Ram Bilas - P. W. 4 and kanhaiya - P. W. 8 after preparing appropriate memoranda. The trial court based the conviction upon this evidence while the High Court adverted to the evidence of Keshav Ram - P. W. 11 and stated as follows.
"To prove that the accused persons were last seen in the company of the deceased the prosecution had examined P. W 11 keshav Ram The said Keshav Ram stated before the court that he was informed by Gulab Yadav that the accused Laldas had taken the deceased hukum Singh with him. It is worth noting that Gulab Yadav has not been examined by the prosecution to confirm the statement that P. W. 11 Keshav Ram was informed by Gulab Yadav, is not found in the case diary statements of P W 11 keshav Ram. ( ) "
(3.)The High Court ultimately concluded that it is not possible to hold that the deceased Hukum Singh was last seen in the company of the accused persons. The high Court found that non-examination of one Gulab Yadav who is stated to have given the information to Keshav Ram -P. W 11 that the accused Laldas had taken the deceased Hukum Singh with him having not been examined was fatal to the case
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