Mohar Singh vs State Of M.P.
2023 Latest Caselaw 3698 MP

                                                       1
                          IN   THE      HIGH COURT OF MADHYA PRADESH
                                              AT GWALIOR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 2 nd OF MARCH, 2023
                                         CRIMINAL APPEAL No. 597 of 2005

                         BETWEEN:-
                         RANGLAL @ BHAIYALAL S/O BHERLAL, AGED ABOUT
                         28  YEARS, OCCUPATION: AGRICULTURIST VILL.
                         JAMONYA, P.S. KHUMBHRAJ, DISTRICT GUNA
                         (MADHYA PRADESH)

                                                                            .....APPELLANT
                         (BY SHRI PRABHAKAR KUSHWAH- ADVOCATE )

                         AND
                         THE STATE OF M.P, THROUGH ITS S.H.O.       PS
                         CHACHODA, DISTRICT GUNA (MADHYA PRADESH)

                                                                           .....RESPONDENT
                         (BY SHRI C. P. SINGH- PANEL LAWYER )

                                         CRIMINAL APPEAL No. 267 of 2008

                         BETWEEN:-
                         MOHAR SINGH S/O S/O SHRI PYARAN GURJAR , AGED
                         ABOUT 28 YEARS, OCCUPATION: AGRICULTURE, R/O
                         VILLAGE JAMONYA THANA KUMBHRAJ, DISTT. GUNA
                         (MADHYA PRADESH)

                                                                            .....APPELLANT
                         (BY SHRI PRABHAKAR KUSHWAH- ADVOCATE)

                         AND
                         STATE OF M.P. THROUGH ITS SHO PS CHACHODA,
                         DISTT. GUNA (MADHYA PRADESH)

                                                                           .....RESPONDENT
                         (BY SHRI CP SINGH- PANEL LAWYER)

Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 3/3/2023
6:42:41 PM
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                                 Both these appeals coming on for hearing this day, the court passed
                         the following:
                                                          JUDGMENT

Both appeals are pending since 2005 and 2008. Since no body is appearing for appellants to argue the matter, therefore, Shri Prabhakar Kushwah who is under the Panel of Legal Aid Services, is appointed as Counsel for the appellants.

This common judgment shall also govern disposal of Criminal Appeal No.267 of 2008 filed by Mohar Singh.

Both criminal appeals i.e. CRA No.597 of 2005 & Criminal Appeal

No.267 of 2008 have been filed by Ranglal alias Bhaiyalal and Mohar Singh u/S 374 of CrPC challenging the common judgment of conviction and order of sentence dated 13-08-2005 passed by Additional Sessions Judge, Chachoda, District Guna in Sessions Trial No. 329 of 2000 whereby they have been sentenced to undergo seven years RI for commission of offence under Section 397 of IPC and seven years RI for commission of offence under Section 398 of IPC respectively. Both the sentences have been directed to run concurrently. Since facts of both criminal appeals are identical in nature, therefore, they are heard and disposed of simultaneously.

As per prosecution story, on 14-04-2000 at around 12:30 pm, when complainant Kalyan along with wife was going towards Umar Police Station after crossing through Chachoda Ghati, three unidentified persons wearing pant and shirt armed with gadasi in their hands obstructed them. One of the culprits inflicted gadasi blow on the nose of complainant and another culprit inflicted gadasi blow on his left lower limb and robbed gold ring weighing 6 grams, one titan watch and Rs.15,000/- from them. On the basis of such information, Crime Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM

No.106 of 2000 was registered for offence under Section 394/34 of IPC. The complainant was sent for medical examination. During investigation, present appellants- accused persons were arrested on 22-08-2000. From their possession Rs.2,000/- each was seized by the police. They were identified by Sarpanch. After completion of investigation and other formalities, charge sheet was filed before the competent Court from where the case was committed to the Sessions Court for its trial and the learned trial Court after conclusion of trial, while acquitting co-accused Saleem, convicted the appellants and sentenced them as stated above.

Learned counsel for the appellants submits that it is not in dispute that the incident was happened with complainant Ramkalyan and his wife due to which, the complainant has lodged a written FIR. So far as involvement of present appellants in the aforesaid Crime is concerned, only Rs. 2,000/-each from both the appellants has been recovered and no incriminating material has been seized from their possession. So far as identification of the appellants by complainant through Sapanch Ramdayal (PW-11) is concerned, the said Sarpanch did not support the prosecution case and turned hostile. Leading questions were put before him in which the Sarpanch in his cross-examination denied about the identification of looted articles i.e. titan watch and gold ring. So far as seizure of currency note is concerned, only on this ground the appellants can be not

convicted for the said offence. The trial Court has utterly failed to consider the ingredient of Section 397 as well as of Section 398 of IPC. On perusal of provisions of said Sections, it is very much clear that there must be an attempt or commission of death, grievous hurt and so also accused must be armed with deadly weapon. In the present case at hand, the injury of complainant Ramkalyan is not duly proved and there is no medical report available on record Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM

and so also, it is nowhere alleged that appellant Rangalal assaulted the complainant by means of gadasi. Therefore, no offence is made out either under Section 397 or 398 of IPC. It is further contended that there are major contradictions and omissions in the evidence of PW3 and PW5. Complainant Ramkalyan in his evidence deposed that he went to police station and thereafter to hospital whereas the wife of complainant PW5 in para 5 of her evidence deposed that they went to hospital and thereafter, to police station, which appears to be prosecution case doubtful. There is no documentary evidence available on record in order to prove appellants guilty for commission of alleged offence. Therefore, appellants deserve acquittal and the impugned judgment deserves to be set aside.

Learned counsel for State has supported the judgment of conviction and order of sentence by submitting that learned trial Court on proper appreciation of the evidence has recorded the conviction and the same does not call for any interference. Hence, prayed for dismissal of both the appeals.

Heard learned counsel for the parties and perused the record of the trial Court.

Considering the aforesaid facts and circumstances of case, so also the evidence available on record, there is no hesitation to held that prosecution has failed to prove the charges against the appellants beyond reasonable doubt, therefore, both appeals are allowed and the impugned judgment of conviction and order of sentence is hereby set aside.The appellants are acquitted of charge under Sections 397 & 398 of IPC. If appellants are on bail, their bail bond and surety bonds stand discharged.

Let a copy of this judgment along with the record be sent to the trial

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM

Court concerned for information and its compliance.

Let a copy of this judgment be placed in connected CRA No. 267 of 2008 filed by Mohar Singh.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM