(1.) Challenge in this appeal is to the judgment of a Division Bench of Madhya Pradesh High Court, Gwalior Bench, dismissing the appeal filed by the State. By the said Appeal the State had challenged the acquittal of the respondents. Since during the pendency of the appeal, accused Sarman Singh, Rameshwar and Shriram had died, the High Court had dismissed the appeal against them as having abated and their names were deleted from the array of the parties.
(2.) As per prosecution version the occurrence leading to the death of Sobran (hereinafter referred to as 'deceased') was as follows: On 31/12/82 deceased Sobran and his nephew Hariom (PW.13) were going to fetch water. Suddenly Sarman Singh (since dead) armed with 12 bore gun and Munshi Singh (R1) armed with Mouzer Rifle fired gun shots on the deceased. Hariom (PW.13) ran for safety and saw Rameshwar (since dead) armed with 12 bore gun, Hari Singh alias Babu Singh (R2) armed with muzzle loading gun, Shriram (since dead) armed with single barrel gun, Chhote Singh (R3) and Veerendra Singh (R6) armed with country made pistols standing near the well of Chamars. They fired three or four gun shots on Hariom (PW.13) who was however not injured. Hariom (PW.13) ran towards field and saw Bhagwati (R5) and Rukum Singh (R4) standing near telephone pole. These respondents followed Hariom (PW.13) for some distance but Hariom (PW.13) succeeded in running for safety. Hariom (PW. 13) told about the incident to Ramgopal, Bhogiram (PW.6), Bhagat Singh (PW.7) and Jaswant Singh (PW.8). Hariom (PW.13) reported the matter to Shiv Prasad (PW.2), Head Constable who was posted as a security guard in the village at the house of Munshi Singh (R1). Deceased had died on the spot due to gun shot injuries. Later on a mouser rifle was seized from Munshi Singh (R1) vide Ex.P/1. Two 12 bore empties and three brass empties were handed over to Police by Hariom (PW.13) vide Ex.P/6. Ballistic expert vide Ex.P/20 found that empties seized were not fired from the rifle seized from Munshi Singh (R1). Dr. P.C.Mittal (PW.9) found two entry wounds of gun shot in the back of deceased with three exit wounds on left side of neck and chest vide Ex.P/10.
(3.) After investigation was completed, charge sheet was filed. The accused persons pleaded not guilty in the case and claimed that they have been falsely implicated on account of longstanding disputes. The trial court analysed the evidence, particularly of Hari Om (PW.13) Jaldevi (PW.12), mother of the deceased, and Bhagat (PW.7). The trial Court found the evidence of the so-called eye witnesses to be not reliable and, accordingly, directed their acquittal.