- (1.) PRESENT appeal was filed by the appellant through Jail. We have been very ably assisted by Shri Mahendra Shandilya, learned Amicus Curiae appointed by coordinate Bench on 7.8.2006.
(2.) IN the present case, all witnesses have turned hostile. Nobody has supported the prosecution case. The entire prosecution case rests on the FIR (Ex.P.21). But author of the FIR Ramlal (P.W.1) in court has denied that he had witnessed the occurrence. There is also no evidence available on the file that the appellant on the day of occurrence was present at his house. Therefore, due to lack of evidence we are constrained to accept the present appeal. Before we do so, it would be apposite for us to narrate facts of the case.
(3.) ON 27.10.2005 at 8.15 PM, Ramlal (P.W.1) presented written report (Ex.P.13) before Mohanlal (P.W.13) who was then posted as SHO, Police Station Raipur. The written report (Ex.P.13) when translated into English, reads as under: - "To, The SHO, P.S. Raipur. Sub.: For lodging of report. Sir, In the above subject it is submitted that I am resident of Village Borband (Sodhiyan). Near my house, there is residence of my nephew Narayan S/o. Devilal Meghwal. Today at about 6:00 PM I heard cries of Kailash s/o. Narayan. I went running to the house of Narayan and saw Narayan with a Kulhadi (Axe) causing injuries to his wife, Sumitra. Sumitra was lying in the house. Narayan had caused injuries on his head and neck. Blood was coming out of the injuries. Her face had suffered cut injuries. On seeing me, Narayan ran away from the spot. I examined wife of Narayan and found that she had died. At that time hearing voice of child, Purilal and Mangilal Meghwal also came at the spot. They also saw the occurrence. I am making the report. Action be taken. Sd/ -" The investigating agency after conclusion of investigation, presented charge -sheet. The court of Additional Sessions Judge (Fast Track), Jhalawar, on 25.1.2006, formulated charge under Section 302 IPC against the appellant. Charge stated that on 27.10.2005 at about 6:00 PM appellant in Village Borband Sodhiyan caused injuries to his wife with a Kulhadi (Axe) and thereby caused murder. The appellant pleaded not guilty and claimed trial.;