STATE OF MADHYA PRADESH Vs. KALLI

JUDGEMENT

(1.) The aforesaid two Criminal Appeals and Capital Sentence Reference arise out of the impugned judgment and order of conviction and sentence dated 9 th May, 2011 rendered in Special Sessions Trial No. 61/2010 by the Special Judge (Dacoity), Dabra, district Gwalior. Since the judgment and order challenged in these criminal appeals is one and the same which is the subject matter of the Capital Sentence Reference made by the learned trial Judge, all the appeals and the reference are herewith, taken up together for disposal.

(2.) The appellants-accused Kalli @ Gopal, Sonu @ Sunil and Hariom stood their trial on the charges for the offences punishable under Sections 460, 302/34, 397/34 of I.P.C. read with Section 13 of the MPDVPK Act whereas appellants-accused Veeru and Virendra stood their trial on the charges for the offences punishable under Sections 392/120-B of I.P.C. read with Section 13 of the MPDVPK Act before the Special Judge and they were convicted and sentenced as following :--

(3.) At the time of pronouncement of the judgment, accused Hariom, Veeru and Virendra were absent before the trial court and thus they were directed to be summoned through arrest warrant, as mentioned in para 78 of the judgment. Obviously, the sentence of death was passed without hearing them and behind their back, in violation of the provisions contemplated in Section 235 of Cr.P.C. Under the circumstances this court vide order dated 28/9/11 in Ref. No.1/11, by setting aside their death sentence for the alleged offence, remitted their case back to the trial court for hearing them on the question of sentence in the light of law laid down by the Apex court in the case of Santa Singh Vs. State of Punjab, 1976 AIR(SC) 2386. This court therefore has to consider the case only with respect to two of the accused/convicts, namely, Kalli @ Gopal Sharma and Sonu @ Sunil and not of the remaining three absconders, i.e, accused Hariom, Veeru and Virendra.