STATE OF MADHYA PRADESH Vs. KISHORE PATEL

JUDGEMENT

(1.) Applicant has filed this leave to appeal under Sec. 378(3) of Cr.P.C. being aggrieved by the impugned order dtd. 14/12/2020 passed by the VIIth Additional Sessions Judge, Indore(M.P.) in Case No.400519/2011(S.T. No.519/2011), whereby the respondents/accused have been acquitted from the charges under Ss. 147, 148, 302/149 and 120-B of IPC and Sec. 25(1) (A) and 27 of the Arms Act.

(2.) The accused persons, all of them, have been charged in respect of the offences punishable under Sec. 147, 302 read with 149 and 120B of the IPC of having formed an unlawful assembly on 1/4/2011 in night between 10.47 to 11.00 o'clock at Lasudiya, between Tulsi Nagar Culvert and Suncity, Indore, the object of unlawful assembly was to commit murder of Sanjay Namdeo Thakre and committing riot by using violence of having committed murder of Sanjay Thakre, which is an offence punishable with death or life imprisonment. In addition to above, the accused persons namely Kishor, Kamlesh Sonu, Rahul and Rajkumar were also charged with offence punishable under Sec. 148 of IPC, who were also member of unlawful assembly and was carrying deadly weapon. In addition to the above charges, accused persons Kishor and Kamlesh, are also charged under Ss. 25(1)(A) and 27 of the Arms Act of having been found to be in possession of country made pistol with bullets, which was seized from them on 11/4/2011 for which they had no valid licence.

(3.) The case of the prosecution, in brief, is that on 2/4/2011, complainant Vinod Thakre lodged a report to the effect that his brother Sanjay, resident of Tulsi Nagar, who was elected as President on 14/11/2010. Owing to dispute on construction of multi with builders in Tulsi Nagar residential area, Ramakant Choukse, Kiran Deshmukh, Sameer Narad, Shailendra Narad and Vakeel Guddoo Yadav, cases were filed in the Court, in which Sanjay had succeeded. There was dispute with Dr. Vijay Pradhan in respect of the post of President and with Kishor Patel in respect of passing the building construction plan(Naksha). On 1/4/2011, Sanjay called Vinod Thakre to his house and informed that he was receiving intimidating calls from builders and that his life is i n danger. Then on 1/4/2011 only, someone called on his landline and informed that Sanjay has been shot dead and he is lying in a car near Tulsi Nagar Culvert. When he reached Tulsi Nagar Culvert with his younger brother, Deepak on motorcycle, they saw Sanjay lying dead on the front seat of a car. There were marks of gun shots on right temporal region and on the forehead above right eyebrow. Murder of Sanjay was suspected to have been committed by Vinod Pradhan, Sarpanch Kishor Patel and other builders. On the report of the complainant, crime was registered and investigation was commenced. After completion of investigation, charge-sheet was filed against the accused persons.