RAMDAS KACHHI Vs. STATE OF M P

JUDGEMENT

(1.) These appeals, though arising out of two different trials before the same Judge, relate to the same incident of murder and, therefore, are interlinked. However, each appeal has to be decided on the evidence led in the corresponding trial.

(2.) The appeal, registered as Cri. Appeal No.389/1994, is State's appeal against acquittal of seven accused/respondents in respect of the offences punishable under Sections 148 and 302 read with 149 of the IPC and Brij Bhushan (since dead), who was impleaded as respondent no.3. The corresponding judgment was passed by Second ASJ, Tikamgarh on 28.10.1993 in S.T. No.29/88. In that case, cognizance of the offences was taken upon the complaint made by Khunni, the brother of Gantha (since deceased). It was upon the FIR lodged by Khunni only that police registered a case against as many as eight persons viz. all the seven respondents and one Ramdas for the above-mentioned offences yet, after investigation, charge sheet was filed against Ramdas only. After conclusion of the trial, registered as S.T. No.10/87, the same Additional Sessions Judge delivered simultaneously the judgment convicting Ramdas under Section 302 of the IPC and sentencing him to undergo life imprisonment. Against this judgment only, the appeal, numbered as Cri. Appeal no.1089/1993, has been preferred by Ramdas.

(3.) For the sake of convenience, Session Trial Nos.10/87 and 29/88 shall be referred to as the police case and the complaint case respectively and the witnesses as well as the exhibited documents shall be referred to by placing '/P' or '/C' (as the case may be) after their respective numbers in each case. Further, the accused persons shall be referred to by their respective names.