The State Of Madhya Pradesh vs Amar Singh
2022 Latest Caselaw 1671 MP

                                    1
     IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                               BEFORE
                   HON'BLE SHRI JUSTICE SUJOY PAUL
                                  &
              HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                        ON THE 7th OF FEBRUARY, 2022

               MISC. CRIMINAL CASE No. 29528 of 2020

         Between:-
         THE STATE OF MADHYA PRADESH THR.P.S.
         P.S. TEJGARH DIST. DAMOH (MADHYA
         PRADESH)

                                                                  .....PETITIONER
         (BY Smt. Nalini Gurang, Panel Lawyer for the applicant/State.)

         AND

1.       AMAR SINGH S/O RAMCHARAN SINGH
         RAJPUT , AGED ABOUT 38 YEARS, VILL.
         PARSORIYA P.S. DAMOH DEHAT PREST. VILL.
         LANJHI IMLIYA DIST. DAMOH (MADHYA
         PRADESH)

2.       LAKSHMAN S/O RAJKUMAR PATEL , AGED
         ABOUT 27 YEARS, R/O VILLAGE LANJHI
         IMLIYA, P.S. DAMOH DEHAT, (MADHYA
         PRADESH)

                                                               .....RESPONDENTS


                      (Heard through Video Conferencing)
       This application for grant of leave to appeal is coming on for
admission this day, JUSTICE ARUN KUMAR SHARMA passed the
following:
                                     ORDER

Heard on the question of admission.

The State has preferred this application under section 378(3) of the Cr.P.C for grant of leave to appeal against the judgment dated 09.12.2019 passed by Additional Sessions Judge & Special Judge (Atrocities) Damoh, District Damoh in S.T. No.57/2017, whereby the respondent No.1 has been acquitted from the charges of offence under sections 450 & 394 of the IPC and sections 25/27 of the Arms Act, whereas the respondent No.2 has been acquitted from the charges of offences under sections 450 and 394 of the

IPC.

Facts of the case in short are that the victim Kalika Prasad (PW-2) was posted as Beat guard in the Chowki of Forest Department Nauradehi situated at village Manka Gwahi. On 20.01.2017 at about 07:00 pm, when the complainant was cooking, respondent No.1 came inside the house armed with 12 bore gun and put the same on his chest. Thereafter, another accused came

inside the Chowki and respondent No.1 told him to carry the service gun of the victim Kalika Prasad lying there. The respondent No.1 threatened the victim, if he would shout and he will be killed. Both the respondents took the victim's 12 bore gun and five cartridges with them. The complainant came outside the Chowki and shouted for help, then Nanhelal (PW-6), Premlal (PW-7) and other villagers tried to chest the accused persons but they fled away from the spot. The information of the alleged incident was sent to the Police Station Tejgarh, Chowki Imaliya. On the basis of which, an FIR (Ex.P/32) was lodged for the offences under sections 450, 394 of the IPC and sections 25/27 of the Arms Act.

After investigation, charge sheet was filed against the respondents for the said offence. The statements of victims and other witnesses were recorded before the trial Court and after considering the evidence adduced before the trial Court, the respondents/accused were acquitted from the aforesaid charges vide judgment dated 09.12.2019.

Learned Panel Lawyer for the State/applicant submits that the victim Kalika Prasad has categorically stated in examination-in-chief that the accused persons tried to flee from the spot but on his shouting the villagers Premalal, Sandeep, Koshal etc. chased the accused persons and respondent No.1 was caught. Polilce Chowki Imaliya lodged the FIR (Ex.P/2) in this regard. Service gun was also recovered from the respondent No.2 but the trial Court has not appreciated the evidence properly and committed an error in acquitting the respondents. Hence, it is prayed that leave may be granted.

Having heard learned Panel Lawyer and perused the record.

The police prepared arrest memo (Ex.P/17) of the accused persons on 21.01.2017 at about 04:30 pm, whereas respondent No.1 surrendered before the JMFC Damoh on the same day at about 05:40 pm., which creates suspicion on the prosecution case. The prosecution has failed to give any plausible explanation with regard to the fact that how it is possible to prepare the arrest memo of the accused persons and complete the proceedings of surrender in such a short span of time. The date, place and time of seizure were also different from both the accused persons. The incident alleged to have been taken place on 20.01.2017 at about 07:00 pm, whereas in the Dehatinalishi (Ex.P/25) prepared by SHO Dashrat Prasad Dubey (PW-10), the time of incident was mentioned as 20.01.2017 at about 2:00 am, which

also creates a doubt about credibility of prosecution story.

Kalika Prasad (PW-2), who is complainant has stated in cross- examination that at the time of incident, there was darkness. He knew the accused Amar Singh prior to the incident because as and when he went to Imaliya Chowki, where he has already seen the poster of accused Amar Singh and therefore, he identified him in the test identification parade. Thus, such type of test identification parade has no value. Kalika Prasad further stated that he does not know that why SHO Dashrath Prasad Dubey wanted to arrest the accused Amar Singh in another case. Hence, it is proved beyond reasonable doubt that SHO Dashrat Dubey was in search of accused Amar Singh in another case and when respondent No.1 surrendered himself before the trial Court, he has falsely implicated in the present case by SHO Dashrath Dubey. It appears that a false case has been prepared against the respondents/accused. Similarly, there was no independent witness relating to seized articles.

Thus, the prosecution has failed to prove its case beyond reasonable doubt against the respondents/accused. Looking to the findings recorded by the trial Court and after perusal of record, we are of the considered view that the trial Court has not committed any illegality or perversity in acquitting the

respondents/accused from the aforesaid offences. Hence, no interference is warranted in the impugned judgment. Accordingly, being devoid of any merits, present petition deserves to be and is hereby dismissed.

Copy of this order be sent to the trial Court along with its record for information.

                                        (SUJOY PAUL)                                 (ARUN KUMAR SHARMA)
                                           JUDGE                                             JUDGE
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Digitally signed by PANKAJ NAGLE
Date: 2022.02.09 10:16:09 IST