Penal Code (45 of 1860), S.300, S.120B - Murder - Child evidence - Occurrence taking place in family house, at night - Prosecution case resting on child evidence - Child deposing that she had seen accused in lantern light and giving out their names - Fact that lantern was burning however not stated before police - Names of accused also not mentioned to police officer who examined her - Contradictions are material - Recovery of weapon at instance of accused - Not a corroborative evidence of significance - Accused entitled to be acquitted.

AIR 1992 SUPREME COURT 1131

The appellant Nirmal Kumar alias Goggy was tried along with one Shyam Lal and four others for offences punishable under Sections 148, 302 read with Section 149, 201 and 120B read with Section 302 and 449 of Indian Penal Code. The learned Second Additional Sessions Judge convicted the appellant and Shyam Lal under Section 302 read with Section 120B, I.P.C. and sentenced the appellant to be hanged till death and the other accused Shyam Lal to undergo R.I. for life and to pay a fine of Rs. 5,000/ -. They were also sentenced to some amount of fine and various terms of imprisonment under other counts. Both of them preferred appeals to the High Court and a reference was also made for confirmation of the death sentence. By a common judgment the High Court confirmed the convictions and sentences awarded by the trial Court. Shyam Lal has not preferred any appeal to this Court. It is only Nirmal Kumar, the present appellant who has preferred this appeal pursuant to the special leave granted by this Court.