10 December 2019
Supreme Court
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THE STATE OF MADHYA PRADESH Vs AMAR LAL

Bench: HON'BLE MR. JUSTICE ASHOK BHUSHAN, HON'BLE MR. JUSTICE NAVIN SINHA
Judgment by: HON'BLE MR. JUSTICE NAVIN SINHA
Case number: Crl.A. No.-000251-000251 / 2010
Diary number: 16450 / 2007
Advocates: SWARUPAMA CHATURVEDI Vs


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NON­REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(s).251 OF 2010

STATE OF MADHYA PRADESH ...APPELLANT(S)

VERSUS

AMAR LAL     ...RESPONDENT(S)

JUDGMENT

NAVIN SINHA, J.

The appellant­State questions the acquittal of the respondent

from the charge under Section 302 I.P.C. even while his conviction

under Section 323 I.P.C. has been affirmed.

2. The assault on the deceased is said to have taken place on

27.03.1990 with the pointed end of wooden plough used for tilling

the land.  PW­4 and PW­5 are the family members of the deceased.

The latter is also an injured witness.  The submission on behalf of

the appellant was that in view of the ocular evidence available with

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regard to the assault, the High Court erred in acquitting the

respondent on the reasoning that though the assault was with the

sharp end of the plough which had nails, there was no

corresponding injury as the nature of injury found could only be by

blunt hard substance.  The acquittal, based on the mere opinion of

the Doctor PW­6, on the aforesaid ground was unjustified.   PW­4

and PW­5 have not been doubted as eye­witnesses or that the latter

was injured in the same incident.

3. Mr. Anukul Chandra Pradhan, learned senior counsel

appearing  for  the respondent,  submitted  that  before acquittal  he

has already completed 14 years 6 months and 7 days of custody.

4. We have heard the counsel for the parties and have perused

the materials on record as also the evidence of PW­4 and PW­5.  It

appears from the records that the respondent as under trial had

undergone  2 years  8  months  11  days of custody  and after his

conviction on 24.01.1995 by the Sessions Judge he remained  in

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custody till  18.11.2006 completing  11  years  9  months  26  days.

Thus, he has undergone total custody of 14 years 6 months 7 days.

5. In view of the aforesaid, we do not consider the present a fit

case to interfere.  The appeal is therefore dismissed.

.……………………….J.  (Ashok Bhushan)

………………………..J.    (Navin Sinha)   

New Delhi, December 10, 2019

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