MUNSHI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN Criminal Appeal No. 180/1987 filed by 14 accused persons, namely, Munshisingh, Babusingh, Prakashsingh, Kripalsingh, Hanumansingh. Bhagwansingh, Surendrasingh, Sundersingh, Pramodsingh, Narendrasingh, Indersingh. Devendrasingh alias Pooran, Jagveersingh and Rajendrasingh, against their conviction and sentences, a Division Bench of this Court of Hon'ble Shri K.K. Varma, J. now retired. and one of us (S.K. Dubey, J.). who delivered the judgment on 15 -12 -1992.dismissed the appeal of 8 accused persons, and after appreciating the evidence of the eye -witnesses and the medical evidence, acquitted those accused persons who were armed with lathis and stick, as their participation and infliction of lathi blows was found to be suspicious because of the omnibus statements of eye -witnesses including that of injured P.W.2 'Nattha, which was discrepant with the FIR (Ex. P -41) and medical evidence. But. in operative part of the judgment, out of six such accused, appeal of only five accused persons, namely, Hanumansingh alias Hamamsingh (appellant No. 5), Sundersingh (appellant No. 8), Indersingh (appellant No. 11), Jagvirsingh (appellant No. 13) and Rajendrasingh (appellant No. 14) was allowed.

(2.) THEREFORE , the applicant Babusingh son of Meharbansingh, aged about 80 years, who was one of the accused persons armed with lathi, having his appeal not been allowed, has preferred this application under Section 362 of the Code of Criminal Procedure for correction of clerical error occurred in the aforesaid judgment.

(3.) SHRI S.B. Mishra, learned Government Advocate, who argued the appeal on behalf of the State, did not dispute that the accused Babusingh was armed with lathi, but, submitted that this Court after signing of the judgment has become functus officio. hence, has no jurisdiction to alter or review the same.