IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK KUMAR SINGH &

HON'BLE SHRI JUSTICE AJAY KUMAR NIRANKARI ON THE 21st OF JANUARY, 2026 CRIMINAL APPEAL No. 691 of 2008 THE STATE OF MADHYA PRADESH Versus JAYKARAN AND OTHERS Appearance:

Shri Yash Soni - Deputy Advocate General for appellant/State None for respondents ORDER Per: Justice Ajay Kumar Nirankari The instant criminal appeal is filed under Section 378(III) of Cr.P.C against the judgment dated 12/07/2007 passed by Sessions Judge, Chhattarpur in S.T.No.269/1, whereby the respondents no.1 and 3 were acquitted from the offences punishable under Section 148/302, 149 read with Section 302 of IPC and respondent no.2 and 4 were acquitted from the offence punishable under Section 148 and 302 of IPC read with Section 149 of IPC.

2. Initially the State Government preferred an application under Section 387(3) of Cr.P.C for grant of leave to file an appeal against the impugned judgement. This Court vide order dated 17/03/2008 granted leave and directed to register this as criminal appeal.

3. The prosecution case, in brief, for proper adjudication of the matter is that the complainant Narayan Vishwakarma (PW-2) reached Police Station Gourihar, District Chhatarpur, at about 11:00 p.m. on 03/03/1999 and lodged a complaint alleging that the accused persons Vishnu Tiwari, Jaikaran, Rohini and Munna @ Omprakash had committed the murder of his brother Ramdas Vishwakarma. It was alleged that on the same day at about 9:00 p.m., after taking meals, the complainant, his brother Ram Prasad and deceased Ramdas went to collect babool sticks. When they reached near a well situated in front of the house of accused Vishnu Tiwari, all the accused persons, who were armed with firearms, confronted them. Accused Vishnu Tiwari and Munna @ Omprakash exhorted the other co-accused to kill them. Upon hearing the exhortation, the complainant and his brother Ram Prasad ran away, during which they heard the sound of two gunshots fired by Omprakash and Jaikaran, as a result of which Ramdas Vishwakarma fell down and died on the spot.

4. On the basis of the aforesaid information, the police registered Crime No.1072/2001 for the offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code and commenced investigation. During the course of investigation, the Investigating Officer prepared the spot map, collected incriminating articles, seized samples, and sent the dead body for post-mortem, which was conducted soon after the incident.

5. After the incident, the accused persons absconded and were arrested on different dates. Upon completion of the investigation, the police filed a charge-sheet before the Magistrate having competent jurisdiction.The learned Magistrate, upon perusal of the charge-sheet, committed the case to the Sessions Court for trial. Consequently, the case was registered before the Sessions Court as Sessions Trial No.269/2001.

6. The learned trial court framed charges against the respondents for the alleged offences. The respondents denied the charges and claimed to be tried.

7. In order to substantiate its case, the prosecution examined fourteen witnesses, and also produced documentary evidence. In defence, the respondents examined Pappu @ Chunbad, Ashwin Kumar Tiwari @ Chillu, Bhupat, and Ramkumar as DW-1 to DW-4. In their statements recorded under Section 313 of the Code of Criminal Procedure, the respondents pleaded innocence and stated that they had been falsely implicated in the case.

8. After appreciating the material available on record, the learned trial court reached the conclusion that the prosecution had failed to prove the charges under Sections 148, 302 read with Section 149 of IPC beyond reasonable doubt. Accordingly, vide judgment dated 12.07.2007, the respondents were acquitted of the alleged offences.

9. Aggrieved by the said judgment, the appellant/State preferred the present appeal, challenging the legality, validity, propriet