MP HC Acquits Man 10 Years After His Death [Read Order]

LIVELAW NEWS NETWORK

24 May 2017 7:48 PM IST

  • MP HC Acquits Man 10 Years After His Death [Read Order]

    In an important order, a single bench of Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.Imart Singh had filed a criminal revision in the high court challenging his conviction under these sections of IPC.He died on 25.6.2006, while his criminal revision was pending in the high court.Later, the legal...

    In an important order, a single bench of Madhya Pradesh High Court has acquitted a deceased person from charges under sections 294 and 506 II of IPC due to lack of evidence.

    Imart Singh had filed a criminal revision in the high court challenging his conviction under these sections of IPC.

    He died on 25.6.2006, while his criminal revision was pending in the high court.

    Later, the legal representative of Imrat filed an application under section 394 of CrPC to contest the criminal revision further so that the family gets the pension, compassionate appointment and other benefits since the deceased was a government employee, applicant counsel Manikant Sharma said.

    On 10.3.2000, the Raisen trial court had convicted the applicant for offence under sections 294 and 506-II of IPC and was sentenced for 15-day rigorous imprisonment with a fine of Rs. 200 and six-month rigorous imprisonment with fine of Rs. 300.

    On 6.4.2000, the additional sessions court confirmed the conviction and sentenced passed by the trial court.

    The court found the testimony of the eye witness unreliable and except the evidence of the eye witness, no other evidence was produced by the prosecution.

    Justice Anjuli Palo said: “This court finds that the learned trial court convicted and sentenced the applicant/deceased without any substantial evidence or appreciation of evidence.”

    “Therefore, the applicant is acquitted from the charges under sections 294 and 506-II of IPC by given a benefit of doubt,” the court said.

    It set aside the judgment dated 6.4.2000 passed by the additional sessions court.

    Read the Order here.

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