STATE OF M.P. Vs. ASHOK AND ORS.

JUDGEMENT

(1.) These appeals by special leave challenge the Judgment and Order dated 11.01.2007 passed by the High Court of Judicature of Madhya Pradesh, Jabalpur bench at Jabalpur in Criminal Appeals Nos. 170 of 1995, 841 of 1995 and 369 of 1996 by which respondents Ashok s/o Banshilal Vedehi, Raju @ Rajendra s/o Banshilal Vedehi, Gullu @ Rajesh s/o Banshilal Vedehi, Gouri Shankar s/o Banshilal Vedehi, Vidhna @ Ramdas s/o Lallulal Kewat, Surendra s/o Harilal Vedehi were acquitted by the High Court of all the charges leveled against them.

(2.) According to the prosecution one Tikaram son of Chote Lal Pandey after finishing his duty was returning home at 8:00 p.m. on 11.04.1989. On the way he met his younger brother PW13 Sheetal Prasad. Both were coming on bicycles, PW13 being 10-15 feet behind said Tikaram. When Tikaram reached Tilwaraghat he was stopped in front of the house of Hari Maharaj by Dibbu @ Devendra by catching his bicycle. Said Dibbu then poured petrol over him and Jittu @ Jitendra burnt him by igniting a match stick. Tikaram started burning and ran from the spot. He was surrounded by present respondents and two others namely Harilal and Banshilal. All of them exhorted to beat him and to burn him and that he should not be allowed to run from the spot. Respondent Vidhna @ Ramdas threw a burning tyre upon him. While Tikaram was running helter-skelter, Harilal threw a sword at him. Tikaram ran to the house of PW3 Vinod and fell there. PW3 extinguished the fire. The incident was witnessed by PW13 who ran to the house and conveyed the fact of Tikaram having been set afire to the inmates of the house. As a result, PW4 Ravindra Kumar Pandey son of said Tikaram and PW15 Laxmi Prasad Pandey rushed to the scene of occurrence. Tikaram disclosed to both PWs 4 and 15 that he was set afire in the aforesaid manner and by the persons mentioned above. Tikaram was then removed to Medical College Hospital, Jabalpur.

(3.) On receiving information, PW16 inspector R.P. Singh went to the casualty ward and enquired about the condition of Tikaram with letter Ext.P- 30. PW18 Dr. A.C. Nagpal gave certificate that Tikaram was conscious and in a position to speak. PW16 inspector R.P. Singh thereafter took the statement of said Tikaram, translation of which is to the following effect: