DHARM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CRIMINAL Appeal No. 274/2000 arises out of the impugned judgment and order dated 24th November, 1999 of conviction and sentence while Criminal Appeal No. 160/2000 arises out of the same judgment but of acquittal recorded in Sessions Trial No. 166/96 by the Additional Sessions Judge, Sabalgarh, district Morena (M.P.). Since the judgment and order challenged in these two criminal appeals is one, both are herewith taken up together for final disposal.

(2.) THE appellants of Criminal Appeal No.274/00 herein stood their trial on the charges levelled against them before the learned Additional Sessions Judge and they were convicted for commission of offence under Section 302/34 of I.P.C. and sentenced to suffer imprisonment for life, whereas appellants of other joint appeal stand acquitted of the offence 148, 302/149 and 302/149 of I.P.C.

(3.) IN Criminal appeal No. 160/2000 against acquittal of accused Vrikhbhan Singh, Mahaveer Singh, Prahalad Singh and Vijendra Singh, the State has assailed the judgment on the ground that from prosecution evidence it is conclusively proved that prior to the present incident, all accused had inimical relations with the complainant party on forceful construction of thrashing floor/granary, at the agricultural fields of complainant and the complainant-party lodged a criminal complaint to the police on which a cognizance had been taken against the accused. It is submitted that from materials available on record, it is also gathered that in incident, all the accused were present on the spot with firearms and Axes. The accused having guns opened fire which bullets hit Satyapal Singh and Padam Singh resulting into their death. Both the deceased also received cut wounds on the vital parts of their bodies. It is further argued that the version of the ocular witnesses also gets strengthened by the medical evidence and recovery of the weapons seized from the accused. It is contended that this fact is established from record that all the accused in the incident formed an unlawful assembly and in furtherance of their common object with a view to take revenge, they caused death of Satyapal Singh and Padam Singh. Therefore, the findings recorded by learned trial judge in this state of affairs are not sustainable in law and the acquitted accused are liable to be punished with other convicted accused-appellants of connected criminal appeal. Accordingly, it is prayed that by allowing the appeal, the acquitted accused be properly convicted and sentenced.