ILC-2011-SC-CRL-Mar-12
State of M.P. Vs. Ramesh & another Respondents
Murder and criminal conspiracy - Trial Court convicted - High Court acquittal - Appeal - FIR - Husband Chatra died after falling - Another complaint by PW.2 along with PW.1 - daughter of deceased aged about 8 years stating - Both respondents-accused had murdered Chatra - Deposition of a child witness may require corroboration - Case his deposition inspires confidence - No embellishment or improvement therein - Court may rely upon his evidence - Post mortem - Cause of death - `Asphyxia' as a result of throttling - Statement of PW-1/child witness - Affirmed by statements of other witnesses - Proved circumstances and medical evidence - Her deposition being precise, concise, specific and vivid without any improvement or embroidery is worth acceptance in toto - Judgment of High Court set aside - Order of trial Court restored - appeal allowed.
Hon'ble Mr. Justice P. Sathasivam , Hon'ble Dr. Justice B.S. Chauhan ,
Vibha Datta Makhija, Advocate
Mrs. K. Sarada Devi, Advocate
Topic(s)-Murder and criminal conspiracy
Important Decision(s)-Child witness affirmed by other witnesses - Proved circumstances and medical evidence - Conviction upheld.
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