SANTOSH SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Seventeen persons were accused of ambushing three persons of a family and killing one of them, whose brothers were the other two members. Before the Trial Court, three persons were absconding and their trial was split up. Fourteen accused faced trial of which A1, A6, A12 and A13 were convicted and the others acquitted. The injured brother, an eyewitness to the incident filed an appeal against the acquittal of the ten accused. The four convicts, filed three appeals, two joining in one, against their conviction and sentence. The High Court in the appeal filed by the convicted accused confirmed the conviction only against A1 and acquitted the other three accused. In the appeal filed by the injured victim, the acquittal of the other accused by the Trial Court was confirmed. Three appeals before us are filed by the injured/de-facto complainant against the acquittal of all the accused. One appeal has also been filed against A1, which is unnecessary since his conviction and sentence as handed down by the Trial Court has been upheld in appeal.

(2.) The incident, as per the prosecution story is that the victim/deceased along with PW1, PW8, PW10 to PW12, PW18 and another brother of PW1 were sitting near the barn owned by PW1's family when A1 along with A8 and A9 came in search of the victim and hurled abuses and threats at them. When they walked away, the victim along with others proceeded home. While nearing their house, they were ambushed by 17 persons including A1, A8 and A9, clearly targeting the deceased and shooting him dead. In the melee, PW1 was also hit with a lathi and he sustained injuries on his left eye. PW1's nephew, a 15-year-old child having witnessed the scuffle, ran to their house and raised an alarm. PW2, the wife of PW1, PW6 the wife of PW8 along with the mother of PW1 rushed to the scene of occurrence. They saw the incident where the 17 persons had surrounded the brothers and the mother pleaded for mercy. However, without listening to the cries of mercy, one of the brothers was shot dead and the other was hit with a lathi. The victim who was shot, was carried to the police out-post and then to the hospital where the Doctor declared him dead, who also examined the injured victim, PW1. The Doctor, PW3, issued a postmortem report with respect to the deceased and an injury report with respect to PW1.

(3.) The Trial Court, on evidence recorded found unequivocally the presence of Ajeet Singh @ Babbe Singh (A1) who had shot Virender Singh. Rajeev Lochan Singh, A13, it was found was not only present but was carrying a double barrel gun, who also refused to listen to the cries of the mother of the deceased and retorted that the entire family will be liquidated. A6, Nagendra Singh along with the absconding Rammu Singh had caught hold of the deceased and dragged him, when Dalpartap Singh, A12, exhorted A1 to kill at which point A1, shot the deceased. It was on the said allegedly uncontested testimonies of the multiple eyewitnesses, that the Trial Court convicted the four accused. A13 was not originally arrayed when the charges were framed and was later summoned to be tried on orders of the High Court under Sec. 319 of the Criminal Procedure Code,1973 (CrPC). The witnesses were recalled and examined in chief and A13 permitted to cross-examine them.