The charge of murder leveled against the respondents can be sustained only if the testimony of Bhabhoota Ram Aduram is safe to accept.
The incident out of which these proceedings arise took place on the night of July 2, 1968 in a village called Jesas.
The deceased Ramsingh had gone on the evening of the 2nd for supplying milk to a customer and since he did hot return for too long, his wife Sugan Kanwar, asked Bhabhoota Ram and Aduram P. Ws 1 and 11 to find out why Ramsingh had number returned.
It is alleged that, while on their way, these two persons saw the respondent companymitting the murder of Ramsingh.
The witness had cataract in both of this eyes and the moonlight howsoever clear, companyld number have helped him to fee what, physically, he was incapable of seeing.
The learned Additional Sessions Judge was number impressed by the evidence of Aduram and for a good reason.
The order of companyviction and sentence having been set aside by the High Court of Rajasthan, the State Government has filed this appeal by special leave.
V. Chandrachud, J. The respondents were companyvicted by the Additional Sessions Judge, Merta, under Section 302 of the Penal Code and were sentenced to imprisonment for life.
