Hiranram vs State Of Chhattisgarh And Ors

Prashant Kumar Mishra, J

Four accused namely; Sandeep Majhwar, Mahaveer Ram, Jarang Say & Dilip Majhwar were sent for trial for committing murder of deceased

Maghanram.

There being no eyewitness to the crime. The prosecution relied on the memorandum statements of the four accused vide Ex.P/12 to Ex.P/15 and

consequent recovery. PW-4 Ghasiram and PW-9 Lalku Ram Bhagat are the witnesses to the memorandum statement. While PW-4 Ghasiram would

not support the memorandum statement of any of the accused, PW-9 Lalku Ram Bhagat supports the prosecution in so far as memorandum statement

of accused Sandeep Majhwar & Mahaveer Ram are concerned. In his examination-in-chief he would make further statement that the present

acquitted accused namely; Jarang Say & Dilip Majhwar have not disclosed any information to the police. Albeit he supports the prosecution during

cross-examination but once he is not making any statement against the respondents No.2 & 3/ aquitted accused in his examination-in-chief, the

evidentiary value of his statement weakens to a great extent.

Considering that the case of the prosecution rested only on the evidence of memorandum statement and consequent recovery and out of two

memorandum witnesses one (PW-4 Ghasiram) is not supporting the prosecution and the second one i.e. PW-9 Lalku Ram Bhagat is making

contradictory statement in his examination-in-chief and in cross-examination, the learned trial Court has rightly taken the view favouring the accused,

to acquit them.

For the above-stated reasons, no case for grant of leave to appeal is made out. It is accordingly dismissed.