STATE OF M P Vs. LATOORI VS ORS

JUDGEMENT

(1.) The present appeal is preferred u/s 378 Cr.P.C. against the judgment of acquittal dated 5/11/98 rendered in S.T. No. 95/91, S.T. No. 205/91 (supplementary) and S.T. No. 154/93 (supplementary) passed by Additional Sessions Judge, Lahar District Bhind whereby all the respondents have been acquitted of the charge u/Ss. 147, 148, 302 r/w 149, 326 r/w 149 and Section 324 r/w 149 and in the alternative Section 302/34, 326 r/w 34 and 324 of IPC.

(2.) Learned counsel for the rival parties are heard.

(3.) The death of Kaptan Singh on 16/7/90 triggered an investigation u/S. 302 r/w 149 IPC against ten accused/appellants. On 31/7/91 and 17/1/92 charges were framed against nine appellants except Udayveer (deceased) against whom charge was framed as late as on 27/1/94 after his arrest. Incidentally in the prosecution against nine appellants against whom charge was framed on 31/7/91 and 17/1/92 the court of sessions recorded testimony of PW-1 to PW-7. In the meantime, the case of deceased Udayveer was also committed to the court of sessions where it was consolidated with the trial of the nine accused, whereafter the statement of Sobaran Singh (PW-1), Nahar Singh (PW-3), Rajendra Singh (PW-4), Sumresh Singh (PW-5), Surtan Singh (PW-6) and Baburam (PW-7) (who had been subjected to examination and cross-examination earlier on 17/3/92, 18/3/92, 25/5/92, 26/5/92, 27/5/92) was recorded afresh as PW-15 on 14/10/96, PW-5 on 13/9/94, PW-7 on 8/11/94, PW-19 on 10/11/97, PW-12 on 8/8/94 and PW-16 on 5/8/97 respectively.