BETAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE Appellant who had been acquitted of the charges leveled against him having been convicted under Section 302 I.P.C. by the High Court of Madhya Pradesh in an appeal against the order of acquittal filed by the State has preferred this appeal.

(2.) APPELLANT along with four others stood their trial before the Court of Additional Session Judge, Gwalior. The Appellant was charged under Sections 302, 120B and 332, I.P.C. for having caused the murder of Head Constable Rajendra Singh whereas other four persons stood charged under Sections 120B, 332, 201 and 225, I.P.C. for having agreed to commit the offence with the Appellant - Betal Singh. The learned Trial Judge acquitted all the accused persons. In the appeal filed by the State against the said order of acquittal the High Court maintained the order of acquittal passed against other four persons but altered the order of acquittal so far as the Appellant is concerned and convicted the Appellant under Section 302, I.P.C. and sentenced him to the imprisonment of life.

(3.) THE prosecution examined several witnesses to establish the charge against the accused person of whom PWs 1, 2, 4, 5 and 10 are the eye -witnesses to the occurrence. PW. 9 is the Head Constable at the Police Station who had recorded the First Information Report PW -13 and had seized the rifle and empty cartridges which were produce by the Appellant Betal Singh while in custody. PW -14 and also investigated into the offence and made some seizure of incrimination articles. PW. 8 is the doctor who had conducted autopsy of the dead body of deceased Rajendra Singh. The other witness are formal witnesses. Though PWs. 1, 2, 5 and 10 were examined by the prosecution as the occurrence witnesses but except PW. 1 the rest did not support the prosecution during trial and were accordingly cross -examined in accordance with Section 154 of the Evidence Act. The learned Trial Judge on discussion of the entire materials on record and more particularly the evidence of Constable Prem Singh, PW. 1 as well as on account of certain other suspicious circumstances in the matter of investigation came to the conclusion that the prosecution has failed to establish the charges against the accused persons beyond reasonable doubt and under the circumstances the defence story put forth by the Appellant Betal Singh appears to be correct and true and thus acquitted the accused persons. In the appeal against the said order the High Court examined the reasons given by the Trial Court and came to the conclusion that the said reasons are wholly unsustainable, in law. The High Court then re -appreciated the evidence of PW. 1 and came to the conclusion that his evidence with regard to substratum of the prosecution case gets corroboration from the medical evidence and there is not an iota of material in support of the plea of Appellant Betal Singh that it was a case of accidental firing while Betal Singh and PW. 1 were having a scuffle among themselves. The High Court ultimately came to the conclusion that the prosecution case so far as Appellant Betal Singh is concerned has been proved beyond reasonable doubt and accordingly he was convicted under Section 302 I.P.C. So far as other accused persons are concerned the High Court, however, agreed with the learned Trial Judge, maintained their order of acquittal.