Full Judgment Text
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PETITIONER:
BAIJ NATH
Vs.
RESPONDENT:
STATE OF U.P.
DATE OF JUDGMENT: 16/03/1998
BENCH:
G.T. NANAVATI, SYED SHAH MOHAMMED QUADRI
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
Nanavati. J.
Leave granted.
Heard learned counsel for the parties. The appellant -
Baij Nath has been convicted under Section 304 Part II read
with Section 149 IPC. It was alleged against him that he had
provoked his co-accused to kill Devi Charan.
After perusing the evidence, we find that all the
witnesses had made consistent improvements regarding the
role played by Baij Nath. In the FIR, the only role alleged
to have been played by him was that he had provided others
to kill Devi Charan. Before the court, all these witnesses
stated that Baij Nath had also given blows to Devi Charan.
There was no other evidence against him except the evidence
of those three witnesses who, as stated above, had made
material improvement regarding the role played by Baij Nath.
There was no corroborative evidence to show that Baij Nath
was present at the time of the incident. The courts below
were therefore in error in convicting the appellant for the
offence punishable under Section 304 Part II read with
Section 149 IPC.
As we are of the view that his presence at the time of
the incident has not been satisfactorily established, he
deserves to be given benefit of doubt. We, therefore, allow
this appeal, set aside his conviction under Section 304 Part
II read with Section 149 IPC and acquit him of the charge
levelled against him.
His bail bonds are ordered to be cancelled.