Madhya Pradesh High Court
The State Of Madhya Pradesh vs Santosh Kumar Tekam on 24 March, 2022
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
SHRI JUSTICE SUJOY PAUL
&
SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 24th OF MARCH, 2022
MISC. CRIMINAL CASE No. 25914 of 2020
Between:-
THE STATE OF MADHYA PRADESH THR. P.S. P.S.
SAMNAPUR DIST. DINDORI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI PRAMOD THAKRE, GOVERNMENT ADVOCATE FOR THE
APPLICANT/STATE)
AND
1. SANTOSH KUMAR TEKAM S/O KESHAV SINGH
TEKAM , AGED ABOUT 41 YEARS, OCCUPATION:
S E R V I C E (CRPF) GRAM SALHEGHORI P.S.
SAMNAPUR DIST. DINDORI (MADHYA PRADESH)
2. GHANSHYAM S/O FAGE @ BHAGELAL VANWASI ,
AGED ABOUT 33 YEARS, OCCUPATION: LABOUR
R/O GRAM SALHEGHORI ,PS SAMNAPUR DISTT.
DINDORI (MADHYA PRADESH)
3. [email protected] BHAGELAL VANWASI S/O SAROOLAL
VANWASI , AGED ABOUT 70 YEARS, OCCUPATION:
LABOUR R/O GRAM SALHEGHORI ,PS SAMNAPUR
DISTT. DINDORI (MADHYA PRADESH)
.....RESPONDENTS
This MCrC coming on for hearing this day, JUSTICE SUJOY PAUL
passed the following:
ORDER
Heard on application filed under Section 378(3) of CrPC seeking leave to
appeal against the judgment dated 27.01.2020 passed by First Additional Sessions
Judge, Dindori in ST No.80/2017.
Learned Government Advocate by taking this Court to the prosecution story
submits that deceased Nohar Lal was found dead and his dead body was found
after about 72 hours from the time of death. Court below opined that death is
Signature Not
SAN
Verified homicidal in nature. The eye-witness has although turned hostile, there were
Digitally signed by
SWETA SAHU sufficient circumstantial evidence on the strength of which respondents could have
Date: 2022.03.25
11:34:35 IST
been held guilty. By taking this Court to para 30 of the judgment, it is submitted
that the court below has committed an error of law in not applying the principle of
"last seen". The court below has given a finding in para 40 of the judgment that
from the possession of respondent-Santosh certain passport size photographs,
driving license, a diary and a weapon "Fawda" (Article-A) was recovered, whereas
from respondent-Fagelal slippers (Article-B) were recovered. Para 42 of the
judgment shows that in the "Fawda" (Article-A) human blood was found, but since
blood stains were disintegrated, its Group could not be detected. The
circumstantial evidence were relevant and respondents were required to
demonstrate in their statement under Section 313 of CrPC regarding the source of
human blood on the weapon recovered from them. The court below has
committed an error in acquitting the respondents on hyper technical grounds.
We have heard the Government Advocate at length and perused the record.
Prima facie, we find substance in the argument of learned Government
Advocate. As per DNA report (Exhibit-38) the deceased was Nahar Lal. The
blood stained "Fawda" was recovered from one of the respondent. Certain
documents, license, photographs etc. of deceased were also recovered from one
of the respondent.
Considering the aforesaid, in our opinion it is a fit case for grant of leave.
Accordingly, leave is granted.
The Registry is directed to convert this matter into Criminal Appeal.
Bailable warrant to the tune of Rs.25,000/-(Rs. Twenty Five Thousand) be
issued to each of the respondents on a date fixed by the Registry.
In view of above, the MCRC stands disposed of.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
ss
