http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1  

PETITIONER: BAIJ NATH

       Vs.

RESPONDENT: STATE OF U.P.

DATE OF JUDGMENT:       16/03/1998

BENCH: G.T. NANAVATI, SYED SHAH MOHAMMED QUADRI

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T Nanavati. J.      Leave granted.      Heard learned  counsel for the parties. The appellant - Baij Nath  has been convicted under Section 304 Part II read with Section 149 IPC. It was alleged against him that he had provoked his co-accused to kill Devi Charan.      After perusing  the evidence,  we  find  that  all  the witnesses had  made consistent  improvements  regarding  the role played by Baij Nath. In the FIR,  the only role alleged to have  been played  by him was that he had provided others to kill  Devi Charan.  Before the court, all these witnesses stated that  Baij Nath  had also given blows to Devi Charan. There was  no other evidence against him except the evidence of those  three witnesses  who, as  stated above,  had  made material improvement regarding the role played by Baij Nath. There was  no corroborative  evidence to show that Baij Nath was present  at the  time of  the incident. The courts below were therefore  in error in convicting the appellant for the offence punishable  under Section  304  Part  II  read  with Section 149 IPC.      As we  are of the view that his presence at the time of the incident  has not  been satisfactorily  established,  he deserves to  be given benefit of doubt. We, therefore, allow this appeal, set aside his conviction under Section 304 Part II read  with Section  149 IPC  and acquit him of the charge levelled against him.      His bail bonds are ordered to be cancelled.