Jabalpur, Oct 23 (pti) The Madhya Pradesh High Court has acquitted two women in a murder case and ordered release of Surajbai lodged in the jail for last 14 years.
“The appellant Surajbai is in jail. She be released immediately”, the court order said.
The high court discharged bail of convict Bhuribai and ordered she is no more required in this case.
A division bench of Justice GS Ahluwalia and Justice Vishal Mishra said “It is really unfortunate, that the Trial Judge, took the matter in a most casual manner and did not appreciate the evidence in the light of provisions of law”.
The bench said “the Trial Court must realize that they are dealing with the life and liberty of a person and no one should be punished without sound principles of law. Blindly accepting the Examination-in-Chief of the prosecution witnesses, without testing the same on the anvil of their cross examination is not the proper way of appreciation of evidence”.
The bench said “the Trial Court should not forget that cross-examination is the only tool in the hand of the accused to dislodge the prosecution case. The admissions made by witnesses in their cross-examination or material contradictions should be given due weightage”.
“If the Court is of the view that the contradiction is not material, then also should point out the same. But, ignoring the cross examination cannot be said to be the proper method of deciding the Trial”, the court order said.
“In the present case, one lady has remained in jail for 14 years and another was compelled to live in jail along with her minor kids”, the bench said.
“Therefore, the manner in which the Trial Court handled the case is not appreciated”, the court order said.
The appeal was filed by Surajbai and Bhurebai challenging the sessions court Khandwa order of December 23, 2010 whereby they were convicted to life imprisonment in a murder case and imposed fine of Rs.500 on each.
The court observed “once, this Court has come to a conclusion that the witnesses had deliberately deposed falsely before the Trial Court, and even the police deliberately did not investigate the matter properly and left multiple angles unattended thereby facilitating the prosecution witnesses to falsely implicate the appellants, therefore, this Court is of the considered view that it is a fit case, where a direction can be issued for prosecution of eight prosecution witnesses. Therefore, the Trial Court is directed to initiate proceedings against these witnesses for giving false evidence before the Court of law”.
The prosecution story in that on 21-9-2008, at about 7:30 A.M., appellant Surajbai gave an information that she was sleeping in her house. At about 3:30 A.M., her mother-in-law namely Sukmabai came to her house and raised an alarm, as a result She woke up. On enquiry She was informed by Sukma bai that deceased Hari @ Bhaggu is hanging on a Neem tree.
She accordingly rushed to the spot and cut the rope with the help of Darati. Chhaya claimed that Hari is still alive. Accordingly She took her younger brother-in-law Hari to hospital where compounder Rajle Babu was called, who informed that the deceased has expired.
Accordingly, the dead body was brought back to the house. On this report, the police registered case, after enquiry registered crime against the appellant Surajbai and others for offence under Sections 302, 201, 203 of IPC, on allegations, that in fact the appellants had administered poison to the deceased and with an intention to cause disappearance of evidence, tried to give the shape of suicide by hanging the deceased on Neem Tree and the appellant Surajbai also gave a false information to the police.
The appellants were arrested and after completing the investigation, police filed the charge sheet.
