Madhya Pradesh High Court
Prahalad vs The State Of Madhya Pradesh on 2 March, 2022
Author: Rajeev Kumar Dubey
-:1:-
HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
SINGLE BENCH : RAJEEV KUMAR DUBEY, J
Criminal Appeal No.760/2016
Ravi @ Ramesh & Others
Vs.
The State of Madhya Pradesh
&
Criminal Appeal No.955/2016
Prahalad
Vs.
The State of Madhya Pradesh
=================
Shri Narendra Kumar Sharma, learned counsel for the appellants
in Cr.A.No.760/2016.
Shri Kamal Singh Rajput, learned counsel for the appellant in
Cr.A.No.955/2016.
Shri M.K. Singh, learned Panel Lawyer for the respondent-State.
==================================
JUDGMENT
Reserved on 17/02/2022
Delivered on 02/03/2022
This common judgment shall govern the disposal of
Cr.A.No.760/2016 & Cr.A.No.955/2016.
2. These criminal appeals have been filed against the
judgment dated 16/02/2016 passed by Additional Sessions Judge &
Special Judge, SC/ST (Prevention of Atrocities) Act, Harda in Sessions
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Date: 2022.03.02 16:46:52 IST
Trial No.58/2014, whereby learned Additional Sessions Judge found
the appellants (in both the appeals) guilty for the offences punishable
under Sections 399, 402 of the IPC and sentenced them to undergo R.I.
for five years with fine of Rs.5,000/- each and R.I. for four years with
fine of Rs.5,000/- each respectively.
3. Brief facts of the case are that on 30/04/2014 Station House
Officer Virendra Singh Ghuraiya, Police Station Rahatgaon, District
Harda received secret information that 5-7 unknown persons have
hidden under the bushes near Dhanpada Road at Rahatgaon armed with
deadly weapons and are making preparation to committee decoity. On
that Virendra Singh Ghuraiya (PW-12) sent A.S.I. Santosh Raghuvanshi
and Head Constable Pradeep Raghuvanshi (PW-8) at the spot for
verifying the information. On verifying the information by Santosh
Raghuvanshi and Pradeep Raghuvanshi (PW-8), Virendra Singh
Ghuraiya (PW-12) called two panch witnesses Jagdish Gaur (PW-1) &
Yogesh Gaur (PW-2) and entered the information in the Rojnamcha
Sanha. Thereafter Virendra Singh Ghuraiya (PW-12) along with the
other members of the police force namely Constable Umesh Singh
Rajpoot (PW-7), Head Constable Pradeep Raghuvanshi (PW-8),
Constable Shiv Shankar Chourey (PW9), A.S.I. Karan Singh (PW-10),
A.S.I. Fateh Bahadur Singh (PW-11), Head Constable Ganesh,
Constable Kuldeep, Shivshankar Chourey and both the panch witnesses
proceeded towards the spot by Government Jeep bearing registration
No.MP-03-2991 and motorcycles. Virendra Singh Ghuraiya (PW-12)
divided the police party into two groups and after reaching near village
Dhanpada they stopped their vehicles and reached the spot on foot,
where they heard the conversation of miscreants. They were planning
to commit decoity in the house of Poonamchand. At the same time, the
police party challenged them and six miscreants were apprehended at
the spot, whereas two of the miscreant succeeded in fleeing away from
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Date: 2022.03.02 16:46:52 IST
there. The identity of the miscreants, who were apprehended at the spot,
was revealed that appellants Ravi @ Ramesh, Mahendra, Golu Pardi,
Prahlad, co-accused Ganesh and Dada @ Krishna Pardi and one
country made pistol along with one cartridge was recovered from co-
accused Ganesh, one sward was recovered from appellant Mahendra,
one knife was recovered from appellant Ravi @ Ramesh, one stick each
was recovered from the appellants Golu Padri, Prahlad Gour and co-
accused Dada @ Krishna Padri. The recovered weapons were taken
into possession vide recovery memo Ex.P-1 to Ex.P-5. Two
motorcycles bearing registration Nos.MP-10-BA-2518 & MP-47-MB-
9084, which were parked at the spot and empty quarters of country
made liquor, 20 pouches of plain water, 100 grams chilli powder, one
bundle of bidi, one matchbox and 8 pieces of half burned bidi which
were lying on the spot were also seized by Virendra Singh Ghuraiya
(PW-12) and prepared seizure memo (Ex.P-6). He also arrested
appellants Ravi @ Ramesh, Mahendra, Golu Padri, Prahlad and co-
accused Ganesh and prepared arrest memos (Ex.P-8 to Ex.P-12). He
also arrested Dada @ Krishna Pardi. Thereafter, Virendra Singh
Ghuraiya (PW-12) along with the appellants and co-accused persons
returned back to the Police Station, where he wrote the First
Information Report (Ex.P-22). On that report Crime No.115/2014 for
the offence punishable under Sections 399, 402 of the IPC and Section
25, 27 of the Arms Act was registered against the appellants and other
co-accused. During the investigation of the crime, he also arrested co-
accused Poya @ Niroj Pardi and prepared an arrest memo (Ex.P-23)
and seized one stick from his possession and prepared seizure memo
(Ex.P-7). After completion of the investigation, Police filed the charge-
sheet against appellants Prahlad, Ravi @ Ramesh, Mahendra, Golu
Padri, Ganesh and co-accused Niroj @ Poya before the JMFC, Harda.
On that charge sheet Criminal Case No.1781/2014 was registered.
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Date: 2022.03.02 16:46:52 IST
Learned JMFC committed the case to the Court of Sessions, where
S.T.No.58/2014 was registered. Against Dada @ Krishna Pardi (who
was a juvenile) charge-sheet has been filed before the juvenile Board.
4. Learned ASJ, Harda framed charges under Sections 399,
402 of the IPC and Section 25(1)(1-B)(B) read with Section 4 of the
Arms Act against appellants Mahendra and Ravi @ Ramesh Padri and
under Section 399, 402 of the IPC against appellants Golu, Prahlad
Gour and co-accused Niroj @ Poya and tried the case. Appellants
abjured their guilt and took the defence that they have falsely been
implicated in the case. However, after the trial learned Additional
Sessions Judge acquitted co-accused Niroj @ Poya from all the
charges, appellants Mahendra Padri and Ravi @ Ramesh from the
charges punishable under Sections 25(1)(1-B)(B) of the Arms Act, but
found the appellants Mahendra, Ravi @ Ramesh, Golu and Prahlad
guilty for the offences punishable under section 399, 402 of IPC and
sentenced them as aforesaid. Being aggrieved by the impugned
judgment, appellants Ravi @ Ramesh, Mahendra and Golu Padri
preferred Criminal Appeal No.760/2016 and appellant Prahlad has
preferred Criminal Appeal No.955/2016.
5. Here it is pertinent to note that during the trial of the case
co-accused Ganesh was absconded, so learned ASJ declare him
absconder and issued a perpetual arrest warrant against him.
6. Learned counsel for the appellants in both the appeals
submitted that the learned trial Court without appreciating the
statements of prosecution witnesses properly, wrongly found the
appellants guilty for the aforesaid offences. Constable Umesh Singh
Rajpoot (PW-7), Head Constable Pradeep Raghuvanshi (PW-8),
Constable Shiv Shankar Chourey (PW9), A.S.I. Karan Singh (PW-10),
A.S.I. Fateh Bahadur Singh (PW-11) and A.S.I. Virendra Singh
Ghuraiya (PW-12) are the Police personnel and they are interested
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witnesses. Their statements do not corroborate by the statements of
independent panch witnesses of the incident i.e. Jagdish Gaur (PW-1) &
Yogesh Gaur (PW-2). Even, there are many contradictions in their
statements regarding incident, so their statements cannot be believed.
Learned trial Court without appreciating these facts, wrongly found the
appellants guilty for the aforesaid offences.
7. On the other hand learned counsel for the State submitted
that from the prosecution evidence guilt of the appellants is proved
beyond reasonable doubt, so the learned trial Court did not commit any
mistake in finding the appellants guilty for the aforesaid offence, hence
it is prayed that both the appeals be dismissed.
8. This Court has gone through the record and arguments
advanced by the learned counsel for the parties.
9. The point of determination in both the appeals is whether
the conviction and sentence awarded by the trial Court to the appellants
under Sections 399, 402 of the IPC is liable to be set aside for the
reasons stated in the memo of appeal and raised during arguments.
10. In this regard A.S.I. Virendra Singh Ghuraiya, (PW-12)
deposed that on 30/04/2014 on receiving the secret information that 5-7
unknown persons have hidden under the bushes near Dhanpada Road at
Rahatgaon armed with deadly weapons and are making preparation to
commit dacoity, he entered the information into the Rojnamcha Sanha
and sent A.S.I. Santosh Raghuvanshi and Head Constable Pradeep
Raghuvanshi (PW-8) to the spot for verifying the information. On
verification of the information by Santosh Raghuvanshi and Pradeep
Raghuvanshi (PW-8), he called two panch witnesses Jagdish Gaur
(PW-1) & Yogesh Gaur (PW-2). Thereafter, Virendra Singh Ghuraiya
(PW-12) along with the other members of the police force namely
Constable Umesh Singh Rajpoot (PW-7), Head Constable Pradeep
Raghuvanshi (PW-8), Constable Shiv Shankar Chourey (PW9), A.S.I.
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Digitally signed by ANURAG SONI
Date: 2022.03.02 16:46:52 IST
Karan Singh (PW-10), A.S.I. Fateh Bahadur Singh (PW-11), Head
Constable Ganesh, Constable Kuldeep, Shivshankar Chourey and both
the panch witnesses reached the spot by Government Jeep bearing
registration No.MP-03-2991. Where they heard the conversation of
miscreants. They were planning to commit dacoity in the house of
Poonamchand. At the same time, he challenged them and arrested
appellants Ravi @ Ramesh, Mahendra, Golu Pardi, Prahlad, co-accused
Ganesh and Dada @ Krishna Pardi at the spot with the help of other
members of the police party, whereas two of the miscreant succeeded in
fleeing away from there. He also recovered one country made pistol
from co-accused Ganesh, one sword from appellant Mahendra, one
knife from appellant Ravi @ Ramesh, one stick each from the
appellants Prahlad and Golu and prepared recovery memo (Ex.P-1 to
Ex.P-5). Two motorcycles bearing registration Nos.MP-10-BA-2518 &
MP-47-MB-9084, which were parked at the spot and empty quarters of
country made liquor, 20 empty pouches of plain water, 100 grams chilli
powder, one bundle of bidi, one matchbox and 8 pieces of half-burned
bidi which were lying on the spot, he also seized them and prepared
seizure memo (Ex.P-6). He also arrested appellants Ravi @ Ramesh,
Mahendra, Golu Padri, Prahlad and co-accused Ganesh and prepared
arrest memos (Ex.P-8 to Ex.P-12). Thereafter, he along with the
appellants and co-accused persons returned back to the Police Station,
where he wrote the First Information Report (Ex.P-22).
11. The statements of Virendra Singh Ghuraiya (PW12) is also
corroborated from the statements of Constable Umesh Singh Rajpoot
(PW-7), Head Constable Pradeep Raghuvanshi (PW-8), Constable Shiv
Shankar Chourey (PW9), A.S.I. Karan Singh (PW-10) and A.S.I. Fateh
Bahadur Singh ASI (PW-11). They also made almost similar
statements. But they all are members of the Police force and their
statements do not corroborate by the statements of independent
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Date: 2022.03.02 16:46:52 IST
witnesses of the incident i.e. Jagdish Gaur (PW-1) and Yogesh Gaur
(PW-2). They clearly denied the fact that on the date of the incident
they went to the spot along with the police force and Police arrested the
appellants and co-accused from the spot and also seized country made
pistol, sword, knife, sticks etc. from their possession in front of them.
12. Regarding the incident, there are many contradictions and
omissions in the statements of Constable Umesh Singh Rajpoot (PW-7),
Head Constable Pradeep Raghuvanshi (PW-8), Constable Shiv Shankar
Chourey (PW9), A.S.I. Karan Singh (PW-10), A.S.I. Fateh Bahadur
Singh (PW-11) and A.S.I. Virendra Singh Ghutaiya (PW-12).
Constable Umesh Singh Rajpuoot (PW-7) in his statements deposed
that the appellants and co-accused persons were hidden in a house and
they arrested the appellants and other co-accused from that house,
while according to the prosecution story Police arrested the appellants
from the forest of Dhanpada. Head Constable Pradeep Raghuwanshi
(PW-8) deposed that he along with the other members of the police
force proceeded to the spot from Police Station at 08:00 P.M., while
according to prosecution story police force proceeded to the spot from
Police Station at 02:00 AM, as mentioned in the Rojnamcha Sanha filed
by the prosecution along with the charge-sheet. Constable Shiv Shankar
Chourey (PW-9) clearly denied the fact that Police seized country made
pistol, sword, knife, stick etc. from the possession of appellants and co-
accused. A.S.I. Karan Singh (PW-10) deposed that they arrested only 5
persons from the spot, while according to the prosecution story police
arrested 6 persons from the spot. A.S.I. Fateh Bahadur Singh (PW-11)
deposed that police seized sticks, spear and guns from the possession of
the appellants and other co-accused. From the possession of the
appellant Ravi a gun was seized. While that is not the case of the
prosecution that police seized spear from the possession of any of the
appellants or seized gun from the possession of appellant Ravi. Even
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Date: 2022.03.02 16:46:52 IST
learned trial Court itself found the prosecution story doubtful on the
point that police seized one sword from appellant Mahendra and one
knife from appellant Ravi @ Ramesh and acquitted them from the
charges punishable under Sections 25(1)(1-B)(B) of the Arms Act. If all
those witnesses had gone to the spot on the date of the incident and had
arrested the appellants from the forest, there would not have been so
much contradiction in their statements regarding the incident. So their
statements can not be believed.
13. Even otherwise the prosecution version is that when the
police party heard the conversation of alleged miscreants, they were
planning to commit dacoity in the house of Poonamchand. There is
nothing to show that except alleged bald talking, the appellants and co-
accused have taken any further step for the purpose of committing
dacoity. Even there is no such version that the appellants have started
going for that purpose. Therefore, mere fact that the accused were
arrested on the spot and some articles including firearms were
recovered from their possession would not be sufficient to prove the
charge that they had assembled for making preparation for the
commission of dacoity.
14. In the instant case considering the entire evidence, it
appears that the prosecution version lacks genuineness and authenticity.
The prosecution version appears unnatural as it is quite improbable that
the said police officials could have heard any such conversation of
appellants that they were saying that they would commit dacoity. Even
otherwise mere alleged conversation hardly fulfills the necessary
ingredients of the offence under Sections 399 and 402 of the IPC. In the
considered opinion of this Court learned trial Court without
appreciating prosecution evidence properly, wrongly found the
appellants guilty for the offences punishable under Sections 399 and
402 of IPC.
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SAN
Digitally signed by ANURAG SONI
Date: 2022.03.02 16:46:52 IST
15. Hence, both the appeals (Cr.A.No.760/2016 &
Cr.A.No.955/2016) are allowed and judgment dated 16/02/2016 passed
by Additonal Sessions Judge & Special Judge, SC/ST (Prevention of
Atrocities) Act, Harda in Sessions Trial No.58/2014, whereby learned
ASJ found the appellants Ravi @ Ramesh, Mahendra, Golu Padri and
Prahlad guilty for the offences punishable under Sections 399, 402 of
IPC and sentenced them as aforesaid, is hereby set aside and the
appellants are acquitted from the charges punishable under Sections
399, 402 of IPC. The appellants are on bail. Their bail bonds stands
discharged.
16. Accordingly, both the appeals stands disposed of.
17. A copy of this judgment be placed in the record of
Cr.A.No.955/2016.
(Rajeev Kumar Dubey)
JUDGE
as/
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Digitally signed by ANURAG SONI
Date: 2022.03.02 16:46:52 IST
