NEPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By way of the impugned judgment dtd. 8/3/2018 in relation to F.I.R.No.6/1993 registered at police station Hatta, District Damoh, under Ss. 147, 148, 149 & 307 of the Indian Penal Code, 1860 [IPC] the accused persons (6 in number) were charged to face trial. The genesis of the prosecution story being that on 6/1/1993 the accused persons formed an unlawful assembly; and with a common object; caused injuries to Gaflu and Bharat Singh. In furtherance thereof, they also committed an offence of rioting with deadly weapons. As a result thereof, Gaflu died.

(2.) Challan was presented against 11 accused persons in relation to the very same offence. To establish their case, prosecution examined 17 witnesses and eventually the prosecution failed to prove the case against only some of the accused. Jhallu, Karodi, Sanju, Ujju @ Ujiyar and Hannu @ Hanumat were acquitted of but the remaining five accused persons, including appellant Nepal Singh were found guilty of having committed offences under Ss. 148, 324/149 and 302/149 of IPC. One additional co-accused Prakash Pateriya expired during trial.

(3.) Noticeably, the State did not prefer any appeal against the judgment of acquittal of 5 accused amongst 11 accused persons. However, in the common appeal preferred by the convicts, the High Court in terms of the impugned judgment, dismissed the appeal and concurred with the view taken by the Trial Court.