STATE OF MADHYA PRADESH Vs. AMAR SINGH

JUDGEMENT

(1.) This appeal by the State is preferred against the order of acquittal passed by the High Court of Madhya Pradesh (Gwalior Bench) acquitting the respondent Amar Singh by setting aside the judgment of the trial Court which convicted the respondent under Section 364, IPC and sentenced him to imprisonment for life and in addition to pay a fine of Rs. 1.000/- and in default of payment of fine to suffer three months, simple imprisonment.

(2.) The respondent herein along with two others by name, Kalla and Nehru, on 5-1-76 helped the prisoners Jagdish Singh and Hotam Singh in escaping and thereafter all the above said persons including the two prisoners kidnapped the two police constables Ram Chander (PW-4) and Awsan Singh (deceased herein) and that all the accused persons together murdered the police constable Awsan Singh in the jungle and that the police constable Ram Chander (PW 4) escaped and fled away.

(3.) It is stated that Hotam Singh was shot dead in an encounter subsequent to this occurrence and Kalla and Nehru have absconded and are still absconding. Therefore, the trial went on as against Jagdish Singh who is not before us and Amar Singh, the respondent herein. Though the trial Court for the reasons mentioned in its judgment convicted Jagdish Singh and the respondent Amar Siogh, the High Court as aforementioned has acquitted Amar Singh by setting aside the conviction of the respondent and the sentence imposed therefor, but confirmed the conviction of Jagdish Singh.