Ram Khiladi vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 995

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, Rajeev Kumar Shrivastava, JJ.
Ram Khiladi – Appellant
Versus
State of Madhya Pradesh – Respondent
Criminal Appeal No. 867 of 2010
Decided On : 15-03-2022

Advocates Appeared:
S.S. Kushwaha, Advocate, C.P. Singh, Advocate

Headnote:(A) Indian Penal Code, 1860 - Section 302 - Criminal Procedure Code, 1973 - Section 374 - Conviction for murder - Appellant convicted under Section 302 and sentenced to life imprisonment - The trial court found that the prosecution established the appellant's guilt beyond reasonable doubt, despite contradictions in witness testimonies - Ocular evidence corroborated by medical evidence showing gunshot wounds - The court dismissed the appeal, affirming that injuries sustained were consistent with the prosecution's version - The appellant's argument regarding non-recovery of the weapon was deemed inconsequential given eyewitness testimonies - The principle that related witness testimonies cannot be disregarded merely due to their relationship to the deceased was upheld. (Paras 1-88)

(B) Evidence of eye-witnesses - Related witness testimonies are valid unless proven false beyond doubt - Relationship does not automatically taint credibility. (Paras 52-56)

Table of Content
1. background of the case and conviction details. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. arguments challenging the prosecution case. (Para 10 , 11 , 12 , 13 , 18 , 29 , 30 , 32 , 34)
3. analysis of medical and ocular evidence. (Para 14 , 15 , 16 , 17 , 19 , 21 , 22 , 25 , 26 , 49)
4. maintaining conviction despite discrepancies. (Para 27 , 28 , 68 , 70 , 72 , 76 , 86)
5. final judgment and order by the court. (Para 87 , 88 , 89 , 90 , 91 , 92)

JUDGMENT

G.S. ahluwalia, J. - This Criminal appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 30-9-2010 passed by 2nd additional Sessions Judge, Morena in S.T. No.144 of 2009 by which the appellant has been convicted under Section 302 of IPC and Ram Khiladi Vs. State of M.P. ( Cr.a. No. 867 of 2010) has been sentenced to undergo the Life Imprisonment and a fine of Rs. 1000/-. However, no default imprisonment has been awarded.

2. The undisputed facts are that apart from the appellant, Pankaj, asharam and Sudhakar were also made an accused. Pankaj was tried along with the appellant Ram Khiladi and he has been acquitted. asharam and Sudhakar were declared absconding. asharam is reported to be dead, whereas Sudhakar is still absconding. The acquittal of co-accused Pankaj has not been challenged.

3. according to the prosecution story, the complainant Dinesh Sharma, lodged a report on 10-9-2003 at 23:30 on the allegations that at about 4:30 P.M., the appellant had purchased one pouch without making payment of the same and similarly, the daughter of the appellant Ram Khiladi had also plucked ground gourd (Louki) from the field of the complainant and therefore, Ram Naresh went to the house of the appellant Ram Khiladi for lodging his complaint. On this issue, the appellant Ram Khiladi, co-accused Pankaj, asharam and Sudhakar @ Lalu started abusing him. They also pelted stones. Thereafter, the appellant Ram Khiladi and co-accused Sudhakar brought their guns whereas the acquitted co-accused Pankaj brought a lathi. accordingly, Ram Naresh, in order to save his life, went to the roof of the house of appellant Ram Khiladi. The appellant Ram Khiladi fired a gun shot causing injury on the back of Ram Naresh. Co-accused Sudhakar also fired a gun shot but it missed. The appellant Ram Khiladi ran away from the spot. Ram Naresh fell Ram Khiladi Vs. State of M.P. ( Cr.a. No. 867 of 2010) down on the roof itself. Thereafter, the complainant tied cloth around the wound. The incident was witnessed by Suresh Sharma @ Banti, Babulal, Mahesh and Pawan. Ram Naresh was brought to Morena Hospital from where he was referred to Gwalior. Ram Naresh was declared dead at Gwalior. His dead body is lying in the Gwalior. accordingly, it was alleged that Ram Naresh has been killed by the appellant Ram Khiladi, Pankaj, asharam and Lalu.

4. On this report, the Police Station Civil Lines, Morena registered F.I.R. in crime No. 390/2008. The merg information, Ex. P.2 was also recorded. The dead body was sent for post-mortem by Police Station Kampoo Distt. Gwalior. The statements of the witnesses were recorded. The blood stained and plain cement was seized from the roof of the house of the appellant Ram Khiladi. The gun with fired cartridge was seized from the possession of the appellant Ram Khiladi and the incriminating articles were sent to F.S.L., Sagar. The police of Police Station Civil Lines, Distt. Morena after completing the investigation filed charge sheet against the appellant Ram Khiladi and co-accused Pankaj for offence under Section 302 /34 of IPC, whereas charge sheet under Section 299 of Cr.P.C. was filed against co-accused asharam and Sudhakar.

5. The Trial Court, by order dated 13-1-2010 framed charge under Section 302 of IPC against the appellant Ram Khiladi and under Section 302 /34 of IPC against the co-accused Pankaj.

6. The appellant and acquitted co-accused Pankaj abjured their Ram Khiladi Vs. State of M.P. ( Cr.a. No. 867 of 2010) guilt and pleaded not gu