State of Rajasthan Vs. Sampat Ram & Ors.
Indian Penal Code,1860 - Section 147 , Section 302 , Section 149
Murder - Appeal against acquittal - Identity of accused - PW3 having turned hostile, the matter completely hinges on the testimony of PW4 - His behaviour in leaving the place of occurrence and not reporting the matter to any one held to be extremely unnatural - Incident having occurred in the darkness and as accepted by PW4 it was not in front of the tractor, the chance and opportunity for him to have sufficiently identified the assailants is also doubtful - There is nothing on record as to how "one child" who was on the tractor, has after investigation been found to be none other than PW5 aged about 22 years and a stout person - View that has weighed with the High Court in reversing the order of conviction and acquitting the respondents-accused is definitely a possible view.
Topic(s)-Murder - Acquittal upheld
Important Decision(s)- Testimony - His behaviour in leaving the place of occurrence and not reporting the matter to any one held to be extremely unnatural.