Back
MADHYA PRADESH HIGH COURT
G.S. Ahluwalia and Rajeev Shrivastava, JJ.
State of M.P. – Petitioner
versus
Mahendra Singh @ Kallu and Ors. – Respondents
Cr.A.No.790 of 2005
Decided on 30.4.2021
Indian Penal Code, 1860 – Sections 302/34, 307/34 and 148 – Criminal Procedure Code, 1973 – Section 378 – Murder, attempt to murder and rioting – Common intention – Appeal against acquittal – There is no allegation against any of respondents that they caused any injury either to deceased persons – If somebody was bursting crackers while function was going on, then it cannot be said that persons bursting crackers had any intention or common object to commit murder or they had any knowledge that incident of firing may take place – Even otherwise, bursting crackers cannot be said to be an act of Unlawful Assembly – However, if some body throw stones, during gun firing, then it can be presumed that he had become member of unlawful assembly and was sharing common object – However, in view of material omissions and contradictions, there is no conclusive and clinching evidence to hold that respondents had either surrounded house of victim or had entered inside house or pelted stones on house of victim during firing – No material illegality in findings recorded by Trial Court – Findings recorded by Trial Court are plausible and cannot be said to be perverse or illegal – Even otherwise, if two views are possible, and view favouring accused has been taken by Trial Court, then it should not be disturbed unless and until findings recorded by Trial Court are perverse – Order of acquittal affirmed. (Paras 43, 56, 58, 59, 60 and 61)
Result: Appeal dismissed.
JUDGMENT
G.S. Ahluwalia, J.—Cr.A. No. 584/2008 (State of M.P. Vs. Ramant Singh) has been filed by the State of M.P., against the acquittal of Ramant Singh in cross S.T. No. 229/2003. Similarly, Nathu Singh (Cr.A. No. 397/2005), Ramvir Singh (Cr.A. No. 425/2005) and Ghanshyam Singh (Cr.A. 401/2005) have filed appeals against their conviction, in the present case. In the light of the judgment passed by the Supreme Court in the case of Nathilal & Ors. Vs. State of U.P. & Anr. reported in 1990 Supp SCC 145 the present appeal as well as Cr.A. No.s 397/2005, 401/2005 and 425/2005 and Criminal Appeal No. 584/2008 arising out of cross case were heard simultaneously, and accordingly, judgments in all the cases are being pronounced on the same day.
2. This Criminal Appeal under Section 378 of Cr.P.C. has been filed against the judgment dated 20-5-2005 passed by 2nd Additional Sessions Judge, Morena in S.T. No. 37/2001, by which the respondents 1, 3 to 7 (Mahendra Singh @ Kallu Singh, Sindhi Singh, Dinesh Singh Tomar, Kallu @ Kalyan Sigh, Mahesh Singh and Rajesh Singh Sikarwar ) have been acquitted of the charges under Sections 148, 302/34 of IPC (on four counts) and 307/34 of IPC (on two counts), whereas Kaushlendra Singh (respondent no.2) has been acquitted of charges under Sections 148, 302/34 of IPC (on four counts), 307 of I.P.C. and under Section 307/34 of I.P.C.
3. This Criminal Appeal arises out of Crime No. 204/2000 registered at Police Station Porsa, Distt. Morena. It is not out of place to mention here that on the report lodged by one Angad Singh Tomar, Crime No. 203/2000 was registered by Police Station Porsa, Distt. Morena, against unknown persons, for committing murder of Brajesh. The complainant party of the present case was tried for the said offence. By a separate judgment passed by the Trial Court, Ramant Singh (P.W.1) was extended the benefit of right of private defence and other 9 accused persons were acquitted. Accordingly, all the accused persons in S.T. No. 229/2003 (Arising out of Crime No. 203/2000, registered at Police Station Porsa, Distt. Morena) were acquitted. The State had challenged the acquittal of all the 10 persons in the cross case by filing M.Cr.C. No. 3966/2005 and by order dated 30-7-2008, this Court granted leave to file appeal against acquittal of Ramant Singh (P.W.1) only and the application for grant of leave to appeal against acquittal of other 9 co-accused persons was dismissed.
4. In the present case, total 10 persons were tried for committing murder of Keshav, Jaswant, Raghunath @ Chhote Singh, Mamta and for making an attempt to murder Smt. Gomati (P.W. 13) and Manohar Singh (P.W.16). Three persons, namely Nathu Singh (Cr.A. No. 397/2005), Ghanshyam Singh (Cr.A. No. 401/2005) and Ramvir Singh (Cr.A. No. 425/2005) have been convicted, whereas respondents have been acquitted.
5. It is the case of the prosecution that after F.I.R. in crime no. 203/2000 was lodged, the police party went to village Khoyala. During the investigation of the said case, the police party came to know that more persons have been killed in the village. Accordingly on 16-10-2000, at about 23:00, Dehati Nalishi, Ex. P.1 was lodged by Ramant Singh (P.W.1) on the allegations, that a function was going on in his house on the occasion of birth of his son. He was serving food. The sitting room (Baithak) of Ramvir Singh Tomar, is situated by the side of his house. Kaushlendra Singh, Bhanupratap Singh Tomar, Kallu Singh, Mahendra Singh Tomar, started bursting crackers towards the house of the complainant. It was objected by Manohar Singh. Thereafter, these persons, started pelting stones on the house. Nathu Singh, came there with .12 bore gun, whereas Ghanshyam Singh came there with .12 bore gun. Ramvir Singh also came there with his mouser gun. They started firing towards the house of the complainant. Ramvir Singh shot Jaswant and Keshav, whereas Ghanshyam Singh [Note: The name of Ramvir Singh has been substituted by ment
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
