Lurking House Trespass

Nandu Galtha Pardi v. State of Madhya Pradesh

Penal Code, 1860 – S. 460 – Code of Criminal Procedure, 1974 – S. 374 – Appeal against conviction – Lurking house-trespass by night – Whether, accused while committing lurking house-trespass or lurking house-break by night by breaking grill of window of the house voluntarily caused death of Chowkidar – Postmortem report stated that the deceased died due to coma, which was the result of head injury – During investigation seized articles were identified and identification parade was conducted – Stolen properties were seized from place as per information given by accused in his memorandum – As the case is of theft and theft was done by lurking house-trespass by night and there is no eye-witness to the case, therefore, only on the basis of circumstantial evidence case is to be considered – Finger prints of accused were taken but no examination of finger prints was conducted and motorcycle which was alleged to be seized from possession of accused was neither having key nor any ownership documents were seized – No any other articles similar to the stolen properties were mixed with the seized articles at the time of identification, therefore, the identification became doubtful – the prosecution has failed to prove its case beyond doubt. 2021 Cri.LJ 4867