Chambers of Daksha Kumar
Madhya Pradesh High Court acquits man wrongly convicted for murder and imprisoned for 13 years.
The High Court of Madhya Pradesh made a stunning ruling in the matter of Chandresh Marskole vs. The State of Madhya Pradesh, the hon’ble court not only set aside the appellant's conviction, which he had been serving for the past 13 years on bogus murder accusations, but also ordered the state government to pay him compensation of Rs. 42 Lacs.
Chandresh Marskole, who was convicted of murdering a classmate on July 31, 2009, filed a petition at the High Court challenging the trial court's decision.
The appellant was found guilty of various parts of the judgementand was sentenced to a life sentence in prison. However, when the matter was reopened following the appellant's petition, it was discovered that the investigation had significant flaws.
The police had purposefully conducted their investigation in such a way that the appellant appeared to be the perpetrator. The investigating agents wrongly accused appellant of a crime and shielded a prosecution witness who may have been the perpetrator in the case.
The witness statement was likewise recorded without cross-examination and merely to show that the appellant was guilty. For example, the driver of the automobile testified that he had witnessed appellant place hostel bedding in the car that was allegedly transporting the victim's body.
The driver stated that he did not assist the appellant, but that the bedding was very heavy. The question arises as to how the driver knew the bedding was heavy if he did not assist the appellant or touch it.
There were lots of such questions in this case which police left without any cross examination. Another instance was the concerned doctor who had written a letter addressed to the SHO P.S. Kohefiza stated that the appellant was the murderer.
The question here is what made the concerned doctor so sure about the culprit whereas he was not even in the town when the tragic incident took place. The police was supposed to interrogate the doctor thoroughly, but they did not do any such thing.
This inquiry has numerous flaws that should have been handled by the investigation officer but were left unsolved. The police were biased throughout the investigation and did not conduct it objectively.
According to the appellant's side, due to a political rivalry, the concerned doctor, who is known to several senior police officers, purposefully framed appellant in false allegations and made performed this biased inquiry.
The High Court bench further observed that the trial court failed to apply its mind equitably in the aforementioned matter and could not give the accused the opportunity to explain himself under section 313(1) (b) of the Cr.P.C.
The bench found that the inquiry was conducted with malice and that the evidence against the appellants was insufficient, and the conviction was overturned.
The appellant was in his final year of M.B.B.S. and would have graduated as a full-fledged doctor if this unprecedented incident had not occurred. However, due to this horrible tragedy, his entire life is turned upside down.
Whether in the private or public sector, the appellant was earning at least 3 lakh per year in even the most modest circumstances. As a result of the infringement of the fundamental right to life under Article 21 of the Indian Constitution, the appellant is entitled for a compensation of Rs. 42 Lacs.