Shyam Kali Dubey VS State of Madhya Pradesh
Penal Code (45 of 1860) , S.302— Evidence Act (1 of 1872) , S.3, S.32, S.27— Murder – Proof – Accused along with co-accused persons had allegedly assaulted deceased which resulted in his death – Though, ‘danda’ recovered on confession statement of accused was stated to be blood stained, it was not sent for chemical examination – Doctor was not confronted with ‘danda’ to get his opinion whether injury which led to death could have been caused by said ‘danda’ – When incident had occurred at 7 O’clock, there was no explanation as to why deceased was taken to house and not to hospital – Body of deceased being found in a different place from scene of occurrence, at house of deceased, unexplained injuries on body of father and mother of deceased, partition dispute in family of deceased and lack of clarity on exact time of death created a reasonable doubt about prosecution case – No one else than father of deceased had witnessed alleged attack on deceased – Dying declaration as spoken of by witnesses was not even noticed by trial Court or by High Court and Supreme Court too found it to be improbable – Accused was acquitted giving him benefit of doubt.
