RAMESHWAR DAYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 15-3-2000 of a Division Bench of the Madhya Pradesh High Court - Gwalior Bench in Criminal Appeal No. 250 of 1984, affirming the decision of the Sessions Court, convicting the appellants under Sections 148, 302 read with Section 149, IPC, and imposing a sentence of life imprisonment. Since, the 9th accused by name Man Singh did not surrender before filing the appeal, the Special Leave Petition, insofar as it related to him, came to be dismissed and leave was granted only in respect of the other remaining accused.

(2.) The offence with which the accused were charged related to an occurrence at about 8.30 p.m. on 18-8-83 involving the murder of one Ramprasad, a resident of village Basodi, who was residing along with his brothers Sitaram (PW-4), Ghanshyam Singh (PW-9) and cousin Shiv Kumar (PW-8). The case of the prosecution that the accused formed themselves into an unlawful assembly at 5.30 p.m. on the day of occurrence with the common object of murdering Ghanshyam Singh and his brother Ramprasad and in furtherance of the common object of the said unlawful assembly, they committed rioting armed with deadly weapons and murdered Ramprasad, found favour of acceptance of the learned trial Judge. Old enmity between the deceased and the accused persons over the construction of an outlet for the used water in front of the house of Sitaram was said to be the origin and cause for the enmity and resultant murder. On a careful analysis and consideration of the materials on record, the prosecution was held by the trial Judge to have proved beyond reasonable doubt that accused persons Rameshwar, Man Singh, Prem @ Prem Narayan, Omprakash, Ballabh, Hukum Singh, Shiv Singh, Kunwar Pal and Uttam Singh have committed the offence under Sections 148, 149, 302, IPC, and two years rigorous imprisonment came to be imposed for the offence under Section 148, IPC, and life imprisonment for offences under Section 302 read with Section 149, IPC, both the sentences to run concurrently.

(3.) The accused, who suffered conviction, jointly filed an appeal before the High Court in Criminal Appeal No. 250 of 1984 and during the pendency of the same, one by name Omprakash died and appeal in respect of him abated. The Division Bench of the High Court also re-appreciated the materials and after an elaborate consideration of the same and the conclusions of the learned trial Judge, confirmed the findings and the sentence imposed. Thereupon, this appeal came to be filed.