POORANSINGH PRABHUDAYAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a complainant's revision from an order of bail under Section 439, Criminal Procedure Code passed by the 4th Additional Sessions Judge, Gwalior, in bail application No. 2328 of 1990 decided on 16 -10 -1990.

(2.) NON -applicant 2 Ramgopal was a police constable at P.S. Bilawa (District Gwalior). On or about 18th February 1979 Balbhadrasing was shot at village Sikroda in the morning of 18th February 1979. The First informant, a cousin of deceased Balbhadra Singh named N.A. 2, Ramgopal as the man who had shot Balbhadra Singh. Ramgopal's brother Harbhajan was allegedly present with Ramgopal. It is not in dispute that Antri Police had showed the aforementioned Harbhajan Singh as the sole accused, because N. A. 2 Ramgopal was described by the police as an absconding accused. The Sessions Case (S.T. No. 103/80) was decided by the then 4th Additional Sessions Judge, Gwalior on 8 -12 -1980. He acquitted Harbhajan Singh of the charge under Section 302 read with Section 34, Indian Penal Code.

(3.) NOW , the learned Judge laid stress exclusively of the trial Judge's non -acceptance of the prosecution version as against co -accused Harbhajan, who had been tried on a charge for the offence of murder with the aid of Section 34, Indian Penal Code. This consideration was, however, extraneous to the matter of consideration of the bail of present N.A. 2, Ramgopal. In fact, the learned Additional Sessions Judge did not advert to the judgment in S.T. No. 103/80 where at paragraphs 9 to 11, the trial Judge had held that it was the aforesaid Ramgopal, who had shot Balbhadra Singh. Thus, the learned Additional Sessions Judge failed to consider the relevant part of the judgment.