STATE OF M.P. Vs. MAHENDRA SINGH

JUDGEMENT

(1.) Cr. A. No. 584/2008 (State of M.P. Vs. Ramant Singh) has been filed by the State of M.P., against the acquittal of Ramant Singh in cross S.T. No. 229/2003. Similarly, Nathu Singh (Cr. A. No. 397/2005), Ramvir Singh (Cr. A. No. 425/2005) and Ghanshyam Singh (Cr. A. 401/2005) have filed appeals against their conviction, in the present case. In the light of the judgment passed by the Supreme Court in the case of Nathilal and Ors. Vs. State of U.P. and Anr. reported in 1990 Supp SCC 145 the present appeal as well as Cr. A. No. s 397/2005, 401/2005 and 425/2005 and Criminal Appeal No. 584/2008 arising out of cross case were heard simultaneously, and accordingly, judgments in all the cases are being pronounced on the same day.

(2.) This Criminal Appeal under Section 378 of Cr.P.C. has been filed against the judgment dated 20-5-2005 passed by 2nd Additional Sessions Judge, Morena in S.T. No. 37/2001, by which the respondents 1, 3 to 7 (Mahendra Singh @ Kallu Singh, Sindhi Singh, Dinesh Singh Tomar, Kallu @ Kalyan Sigh, Mahesh Singh and Rajesh Singh Sikarwar) have been acquitted of the charges under Sections 148, 302/34 of IPC (on four counts) and 307/34 of IPC (on two counts), whereas Kaushlendra Singh (respondent no. 2) has been acquitted of charges under Sections 148, 302/34 of IPC (on four counts), 307 of I.P.C. and under Section 307/34 of I.P.C.

(3.) This Criminal Appeal arises out of Crime No. 204/2000 registered at Police Station Porsa, Distt. Morena. It is not out of place to mention here that on the report lodged by one Angad Singh Tomar, Crime No. 203/2000 was registered by Police Station Porsa, Distt. Morena, against unknown persons, for committing murder of Brajesh. The complainant party of the present case was tried for the said offence. By a separate judgment passed by the Trial Court, Ramant Singh (P.W. 1) was extended the benefit of right of private defence and other 9 accused persons were acquitted. Accordingly, all the accused persons in S.T. No. 229/2003 (Arising out of Crime No. 203/2000, registered at Police Station Porsa, Distt. Morena) were acquitted. The State had challenged the acquittal of all the 10 persons in the cross case by filing M.Cr.C. No. 3966/2005 and by order dated 30-7-2008, this Court granted leave to file appeal against acquittal of Ramant Singh (P.W. 1) only and the application for grant of leave to appeal against acquittal of other 9 co-accused persons was dismissed.