Prahlad vs State of Madhya Pradesh - 2022 Supreme(SC) 1810

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1810

B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Prahlad – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Mr. Vivek K. Tankha, Sr. Advocate, Mr. B. K. Satija, Advocate, Mr. R.K. Yadav, Advocate, Mr. Vipul Tiwari, Advocate, Mr. Inder Dev Singh, Advocate, Ms. Anisha Upadhyay, Advocate, Mr. Vaibhav Kalra, Advocate, Ms. Sharmila Upadhyay, Advocate, for the Appellant; Mr. Abhinav Shrivastava, Advocate, Mr. Sunny Choudhary, Advocate, H.B. Hina, Advocate, Mrs. B. Sunita Rao, Advocate, for the Respondent.

JUDGMENT

B.R. Gavai, J. - Both these appeals challenge the judgment and order dated 11th May, 2009, passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.247 of 1993, thereby allowing the appeal filed by the respondent-State of Madhya Pradesh in part and reversing the order of acquittal dated 9th November, 1992, as recorded by the learned Additional District & Sessions Judge, Harda (hereinafter referred to as 'the learned Sessions Judge') in Sessions Trial No. 207 of 1991 in respect of the appellants herein.

2. Shorn of details, the facts leading to the present appeals are as under:

2.1 On 22nd June, 1991, Police Station, Harda received a written information (Exhibit P-10) at 4.25 p.m. from Dr. Kailash Narayan Singhal (P.W.10), to the effect that one Ramesh son of Ramgopal Jat, aged about 38 years, resident of Chhoti Harda had been brought to the Hospital in a serious condition. In the said written information (Exhibit P-10), it was stated that Ramesh was attacked by a Katta shot. On the basis of the said written information, Police Station Harda registered a First Information Report ('FIR' for short) vide Crime No.153 of 1991 for the offen