RAHUL Vs. STATE OF MADHYA PRADESH GOVT

JUDGEMENT

(1.) The appellants have preferred this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') being aggrieved and disgruntled by the judgment dtd. 15/9/2011 passed by learned Additional Sessions Judge, Manawar, District-Dhar (M.P.) in Sessions Trial No. 195/2006, whereby the learned trial Court has convicted the appellants for the offence under Sec. 304 (Part-II) read with Sec. 149 of the Indian Penal Code, 1860 (hereinafter referred as to "IPC") and sentenced them to undergo 7 years R.I. with fine of Rs.10,000.00 and default stipulations.

(2.) The prosecution story, in a nutshell, is that, on 9/10/2005, the employees and liquor contractors of the Excise Department went to the house of deceased Manoharlal for inspection and for seizing illegal liquor. As soon as the deceased saw the excise police, he started running towards the forest and the appellants chased him. It is alleged that the appellants had forcefully taken the deceased Manoharlal in their jeep and thereafter they took him to the Excise Office. When the son of deceased reached the Excise Office with surety, the appellants stated that they had released the deceased Manoharlal. The deceased was searched and on 10/10/2005, the dead body of the deceased was found in the field of Satyanarayan Bhilala. The said information was given to the Police Station, Bakaner and Merg Intimation No. 63/2005 (Exhibit-P/19) was registered. Thereupon, after due investigation, charge sheet was filed against the appellants for the offence under Sec. 304 read with Sec. 34 of IPC before the Court of Judicial Magistrate First Class, Shajapur.

(3.) In turn, the case was committed to the Court of Sessions and made over to the learned Additional Sessions Judge, Manawar, District Dhar. Initially, the learned Additional Sessions Judge had discharged the appellants vide order dtd. 31/8/2006 passed in Sessions Trial No. 195/2006 stating that Sec. 304 read with Sec. 34 of IPC are not made out from the prima-facie evidence available on record. However, the said order was impugned before this Court and the matter was further remanded back to the trial Court with direction to frame the charges against the appellants. Afterwards, the learned trial Court framed the charges against the appellants for the offence under Sec. 304 (Part-II) read with Sec. 149 of I.P.C. They abjured their guilt and took a plea that they had been falsely implicated in the present crime and prayed for trial.