The court clarified that common intention among multiple offenders suffices for liability, regardless of individual actions substantiated by the evidence.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.12.2018 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 339 of 2006, by which, the High Court has allowed the said appeal and has acquitted respondent No. 1 and 2 herein-original accused No. 1 and 3, for the offences punishable under Section 302 read with Section 34 of the IPC, by giving benefit of doubt, the State of Madhya Pradesh has preferred the present appeal.

2. As per the prosecution case sometime prior to 8:30 in the morning of 17.01.2002, one Devendra, son of Bhagirath, brother of deceased Munshilal, went to the house of accused Ramjilal for demanding money for grinding of wheat in the flour mill and accused persons Mukesh (A4) and Brijesh (A3) met him. When Devendra demanded money, then, accused No. 3 and accused No. 4 assaulted him with kicks and punches. Somehow, he rescued himself. The said incident was brought to the notice of the complainant Laxminarayan. The brother of Devendra, namely, Ramgopal and father Bhagirath, went to the house of accused persons for enquiring about the scuffle. All the accused were going towards the house of the deceased Munshilal. While seeing them, the cousin brother of deceased namely Laxminarayan also reached the door of Munshilal. The accused-Mukesh was carrying 12 bore double barreled firearm, accused-Kallu Brijkishore was carrying 12 bore single barreled firearm and accused Brijesh alias Sadhu alias Brijnandan and Ramjilal were carrying axe. At that time, the deceased was returning after urinating in Goda of Ramswaroop. All the accused persons surrounded him. Accused-Ramjilal hit with the axe on Munshilal, which was obstructed and held by the deceased and thereafter, accused Mukesh fired from his firearm. The accused-Kallu also fired from his firearm. The deceased Munshilal fell down in the Goda of Ramswaroop. The entire incident was seen by eye witnesses including the original complainant-Laxminarayan (PW-1). When Laxminarayan, Devendra and Surender put Munshilal on the Cot (charpai) to take him to the Police Station but Munshilal died while he was being taken to the Police Station. The complainant Laxminarayan got recorded the First Information Report of the incident in the morning at 9:20 against all the four accused for the offences punishable under Sections 302 , 307, 34 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The Investigating Officer initiated the investigation and recorded the statements of the witnesses. He prepared the punchnama. He collected the post mortem report/medical evidence. After conclusion of the investigation, the Investigating Officer filed a chargesheet against all the accused for the offences punishable under Sections 302 , 307 and 34 of the IPC and Section 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. As the case was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions. The accused pleaded not guilty and therefore, all of them came to be tried by the learned Trial Court for the aforesaid offences.

3. To prove the case, the prosecution examined five eye witnesses including PW-1, PW-3 and PW-5. The prosecution also examined Dr. R.K. Taneja as PW-6. The Investigating Officer was also examined by the prosecution. After closure of the evidence on the side of the prosecution, further statements of accused under Section 313 of Cr.P.C. were recorded. Their case was of total denial. That thereafter, on appreciation of evidence on record oral as well as the documentary, the learned Trial Court held that all the accused shared the common intention to kill the deceased.