The State Of Madhya Pradesh vs Subhash
2023 Latest Caselaw 15809 MP

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                                             M.Cr.C. No. 23034/2018



 HIGH COURT OF MADHYA PRADESH : BENCH INDORE
                          BEFORE

          HON'BLE SHRI JUSTICE VIVEK RUSIA
                             &
         HON'BLE SHRI JUSTICE PRANAY VERMA



          MISC. CRIMINAL CASE No. 23034 of 2018

BETWEEN:-
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH P.S. BILPANK (MADHYA PRADESH)
                                              .....APPLICANT
(SHRI AMIT RAWAL, LEARNED GOVT. ADVOCATE FOR THE
APPLICANT/STATE.)

AND
   SUBHASH S/O RAMESHCHANDRA SHAKYAWAR, AGED ABOUT 37
1. YEARS, OCCUPATION: LABOUR 198, RAJEEV NAGAR, P.S.
   INDUSTRIAL AREA RATLAM (MADHYA PRADESH)
   KAPIL S/O RADHESHYAM BORANA HOUSE NO. 21, MAHESH
2.
   NAGAR, RATLAM (MADHYA PRADESH)
   GOKUL PAL S/O BHAGIRATH PAL GRAM RAMBHAPURVA POST
   PRATAPGADH KUNDA (RAJ.) AT PRESENT YOJNA NO. 4 M
3.
   GANESH NAGAR VISTAR, 49-50 KJODMAL KA MAKAN THANA
   VIGYAN NAGAR KOTA (RAJ.) (RAJASTHAN)
                                           .....RESPONDENTS
(SHRI SANJAY KUMAR SHARMA, LEARNED COUNSEL FOR THE
RESPONDENTS.)


Reserved on           :    15.09.2023.
Pronounced on         :    25.09.2023.

      This M.Cr.C. having been heard finally and reserved for

judgment, coming on for pronouncement this day, Hon'ble SHRI
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                                                    M.Cr.C. No. 23034/2018



JUSTICE VIVEK RUSIA pronounced the following :

                               ORDER

The present M.Cr.C. Is filed against the judgment dated 27.3.2018 passed by the learned Sessions Judge, Ratlam in ST No.107/2017 whereby the respondent No.3 - Gokul has been acquitted from the charge u/s. 212 of the IPC. By the impugned judgment, the remaining accused viz. Subhash and Kapil have been convicted u/s. 302 read with Section 34, 392 read with Section 397 and in the alternative u/s. 394 read with Section 397 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.5000- 5000/- with default stipulation.

1. As per prosecution story, on 21.2.2017 at 22.00 hours Vinod Patidar resident of Dharad informed the Police Station Bilpank that at about 8 to 8.30 in the night when he was going to his agricultural field, he found one person lying dead near the agricultural field of 'Seth' of Ratlam. On seeing the body closely he found wholes on the neck and chest. On receipt of said information, Sub Inspector - Varun Tiwari reached to the spot and registered "Dehati Nalisi". 'Merg' was registered against unknown person. Investigation was put into motion. Panchayatnama of dead body was drawn by calling the witnesses. Prima facie, the death was found to be homicidal. Necessary evidence lying nearby the dead body were collected and the dead body was sent for postmortem. FIR at Crime No. 87/2017 was registered against unknown person. Later on, on 22.2.2017 in the martury, in the presence of witness Mangal Singh Sisodiya and Harisingh Kshitij Rajput identified the deceased as his brother-in-law - Lokendra Singh Rajput resident of Baiji Ka Waas, Ratlam. The deceased was working

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M.Cr.C. No. 23034/2018

as Delivery Boy in Blue Dart Company. The further investigation revealed involvement of Kapil and Subhash in the crime and accordingly, they were arrested on 4.3.2017. On their disclosure, one Poker was recovered from the open space. Subhash disclosed that after the incidence, amount of Rs.5,000/- given by Kapil has been kept in the Almirah of his house and the motorcycle bearing Registration No. MP-09-MA-8192 of Kapil has been kept in front of house of Jitendra. Kapil disclosed that the looted amount of Rs.15,000/- was distributed amongst them. Rs. 5,000/- was given to Subhash and Rs.10,000/- was kept by him below the bed in his house. In order to save from the arrest, they both went to the House of Gokul at Kota (Rajasthan) and leaved there for 3 days and accordingly, Gokul has also been made accused in this case. The investigation also revealed that Subhash and Kapil had a conversation with the deceased. After completing the investigation, charge-sheet was filed against all the three accused. Charges were framed against the accused which they denied and pleaded for trial.

2. After appreciating the evidence came on record, learned Sessions Judge convicted and sentenced Subhash and Kapil, as stated above, but acquitted Gokul as there was no allegation against him for committing murder of the deceased. He only gave shelter to Subhash and Kapil in his house. The prosecution has failed to prove that Gokul was having knowledge that Subhash and Kapil came to his house after committing the murder. Hence, the present application seeking leave to file an appeal.

After having heard the learned counsel for the parties we have gone through the record of the court below.

3. Admittedly, there was no allegation against Gokul for

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M.Cr.C. No. 23034/2018

committing murder of the deceased. He only gave shelter to Subhash and Kapil and the prosecution has failed to establish that Gokul was having knowledge that they came to his house after committing the crime. Therefore, learned Sessions Judge has rightly acquitted Gokul as the prosecution has failed to prove about his involvement in the crime. No case for grant of leave to file an appeal against accused - Gokul is made out.

Accordingly, this M.Cr.C. is dismissed.

         [VIVEK RUSIA]                     [PRANAY VERMA]
             JUDGE.                            JUDGE.
Alok/-
Digitally signed by ALOK GARGAV
Date: 2023.09.26 15:12:40 +05'30'