REGENT COMPUTRONICS PVT. LTD.

RANJIT SINGH Appellant

V/S

STATE OF MADHYA PRADESH Respondents

Referred Judgements :-

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 20.10.2005 passed by the High Court of Madhya Pradesh (Indore-Bench) in Criminal Appeal Nos. 149 and 180 of 1995, by which the High Court has dismissed the appeals against the judgment and order dated 8.2.1995 passed by the Sessions Court convicting the appellants under Sections 148, 365, 342, 323, 324 and 324/149 of the Indian Penal Code, 1860 (hereinafter called the Rs. IPC), and awarded them life imprisonment along with other punishments.

(2.) Facts and circumstances giving rise to this appeal are:

(3.) Shri Sushil Kumar Jain, learned Counsel appearing for the appellants, has submitted that the deceased persons/complainant party had been involved in a large number of criminal cases and had created a menace as all of them were involved in cases of theft. Complaints had been filed against them and villagers had been afraid of the complainant party. The Police had been investigating theft cases against them. In fact, the complainant/deceased party had been absconding because of the pendency of cases of theft against them. One police Constable had been posted in the village to keep an eye on them. The name of Ramchandra (A.18) was not mentioned in the FIR. None of the other appellants had been named by more than one witness as being involved in the case and in respect of some of the accused the evidence of the witness had been disbelieved by the courts below, thus, it was not proper for the High Court to maintain the conviction of the appellants on the basis of the same evidence against the present appellants. All the witnesses were partisan and had falsely implicated the appellants because of enmity. Nagu, who lodged the FIR, could not be examined as died during the course of trial and therefore, the FIR lodged by him could not be relied upon. The FIR which could have been relied upon was by Dhula Chowkidar (PW.5). There was no intention on the part of the appellants to cause death, otherwise they could have eliminated the deceased persons on the very first day. According to the prosecution, some of the accused were armed with deadly weapons. The same had not been used as the deceased and other injured persons had allegedly been beaten with sticks and lathis. Injuries had been caused on non-vital parts of their bodies. Thus, their conviction cannot be maintained under Section 302 IPC even with the aid of Section 149 IPC. The prosecution case is to be disregarded as a whole. Thus, appeal deserves to be allowed.

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RANJIT SINGH Vs. STATE OF MADHYA PRADESH

Referred Judgements :-

JUDGEMENT

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