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O.CHHINNAPPA REDDY, R.S.SARKARIA
Juwarsingh S/o Bheraji – Appellant
Versus
State Of M. P. – Respondent
Key Points: - Thirteen accused convicted under Sections 148, 458, 323/34, and 436/34 IPC by Sessions Judge, appeal dismissed by High Court perfunctorily (!) (!) - Prosecution case: On Nov 10, 1970, accused broke into Gangaram's house, injured Gita Bai (PW1) and Janibai (PW6), then set house on fire; FIR given next day naming 6 accused (!) [1000189240001] - Defense argued PW1,2,6 unreliable due to cross-examination, fire accidental from explosives, relied on DWs 1-3, prejudice from missing police statements [1000189240002] - Supreme Court found PW1,2,6 credible as presence/injuries confirmed, FIR restrained and reliable despite delay, minor improvements in evidence [1000189240003] - Defense witnesses' testimony rejected as contrary to proved facts and inherently unbelievable, despite no cross-examination; courts not bound to accept uncross-examined evidence if unacceptable [1000189240004] - Witnesses' claim of statements recorded on Nov 11 attributed to confusion with FIR recording by Head Constable [1000189240004] - Seven accused not named in FIR acquitted due to benefit of doubt [1000189240005] - Convictions of accused 1,2,3,4,10,11 confirmed; appeals of 5,6,7,8,9,12,13 allowed [1000189240006]
Judgment
CHINNAPPA REDDY, J.:- There are thirteen appellants before us in this appeal by special leave. They were convicted by the learned Second Additional Sessions Judge, Dhar, of offences under Sections 148, 458, 323 read with Section 34 and Section 436 read with Section 34 Indian Penal Code and sentenced to suffer various terms of imprisonment ranging from six months to four years. An appeal preferred by the accused was dismissed by the High Court in a laconic and if we may say so, a perfunctory judgment without discussing the evidence except making one or two general observations.
2. The case of the prosecution was that on November 10, 1970, at about 8 p. m. Gita Bai (P. W. 1), wife of Ganga Ram, her two children, Janibai (P. W. 6), wife of Badri, brother of Gangaram, her two children Gangarams brother Brijlal (P. W. 3), his wife Suhagbai and their children were in the house of Gangaram. Gangaram himself was not at home nor was Badri. Gita, Janibai and their children were in the ground floor while Brijlal, his wife and children were on the first floor. At about 8 p. m. the thirteen accused persons, one of whom is another brother of Gangaram broke open the front door of the house
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