Chandrachud, J. - (1.) The respondents were convicted by the Additional Sessions Judge, Merta, under Section 302 of the Penal Code and were sentenced to imprisonment for life. The order of conviction and sentence having been set aside by the High Court of Rajasthan, the State Government has filed this appeal by special leave.
(2.) The incident out of which these proceedings arise took place on the night of July 2, 1968 in a village called Jesas. The deceased Ramsingh had gone on the evening of the 2nd for supplying milk to a customer and since he did not return for too long, his wife Sugan Kanwar, asked Bhabhoota Ram and Aduram (P. Ws. 1 and 11) to find out why Ramsingh had not returned. It is alleged that, while on their way, these two persons saw the respondents committing the murder of Ramsingh.
(3.) The charge of murder levelled against the respondents can be sustained only if the testimony of Bhabhoota Ram and Aduram is safe to accept. The learned Additional Sessions Judge was not impressed by the evidence of Aduram and for a good reason. The witness had cataract in both of his eyes and the moonlight, howsoever clear, could not have helped him to see what, physically, he was incapable of seeing. We are thus left with the evidence of Bhabhoota Ram only.;