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Bhure Khan Vs. State of Madhya Pradesh - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported in1982CriLJ818; (1982)2SCC445
ActsIndian Penal Code (IPC) - Sections 395 and 397
AppellantBhure Khan
RespondentState of Madhya Pradesh
Excerpt:
- respondent sending panel of three persons for choice of new arbitrator to petitioner as provided by arbitration clause - failure of petitioner to select arbitrator from such panel held, appointment of arbitrator by respondent from said panel as provided by arbitration clause cannot be objected to. more so, when it was only case of replacement of sole arbitrator who was earlier appointed and there was no objection to credibility of arbitrator appointed by respondent. - chakradhar singh failed to identify bhure khan at either of the two identification parades and his identification in court will not help the prosecution......satisfactorily proved as forming part of the corpus delicti. chakradhar singh failed to identify bhure khan at either of the two identification parades and his identification in court will not help the prosecution. so far as the torch is concerned it is a very common article and no particular mark appearing thereon has been indicated as-enabling chakradhar singh to identify as belonging to him. as regards the currency notes it is true that these have not been claimed by bhure khan as his money but till these notes are established for be the subject matter of the dacoity which occurred at chakradhar singh's place the appellant is not called upon to plain its possession. for these reasons would be difficult to maintain the conation of bhure khan. the appeal is therefore allowed and the.....
Judgment:

1. Special Leave granted.

2. The conviction of the appellant Bhure Khan, rests purely on recovery of a torch and currency notes of the value of Rs. 235 found with him. The identification of these two articles is not satisfactorily proved as forming part of the corpus delicti. Chakradhar Singh failed to identify Bhure Khan at either of the two identification parades and his identification in court will not help the prosecution. So far as the torch is concerned it is a very common article and no particular mark appearing thereon has been indicated as-enabling Chakradhar Singh to identify as belonging to him. As regards the currency notes it is true that these have not been claimed by Bhure Khan as his money but till these notes are established for be the subject matter of the dacoity which occurred at Chakradhar Singh's place the appellant is not called upon to plain its possession. For these reasons would be difficult to maintain the conation of Bhure Khan. The appeal is therefore allowed and the appellant is quitted of the charge under Sections 397 I.P.C. and 395, I.P.C.


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