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1978 DIGILAW 226 (MP)

Bhuwan Singh v. State of M. P.

1978-03-16

P.D.MULYE

body1978
Short Note : 1. It was submitted on behalf of the applicants that in this case, the eye-witnesses examined by the prosecution are the members of the complainant's family and no independent witnesses have been examined to prove or corroborate the complainant's case. The trial Court disbelieved the testimony of the child witnesses Jodhkunwarbai (PW-4) aged about six years, who is the daughter of Bherusingh (PW-1) on the ground that she has been tutored apart from the fact that her statement is not reliable. However, the learned lower appellate Court relied upon her testimony. It was, therefore, urged that the learned lower appellate Court should not have placed reliance on the version given by the chi1d witness when her evidence clearly indicates that she was tutored by her father to depose in a particular way. Pura (PW-5) who is said to be an eye-witness, has been declared hostile by the prosecution and, therefore, has not been relied upon by the lower Courts. The only evidence, therefore, is of Bherusingh (PW-1) and Siddhu (PW-3). Admittedly their relations the applicants are strained and inimical. In these circumstances, it is not safe to rely fully on their solitary and interested testimony, more so, when they have exaggerated the facts and are not sure which of the blows was given by which of the accused persons Conviction quashed. Revision allowed.