Madhya Pradesh High Court
The State Of Madhya Pradesh vs Hariom Uike on 1 October, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:50320
1 CRA-409-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
&
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 1 st OF OCTOBER, 2024
CRIMINAL APPEAL No. 409 of 2023
THE STATE OF MADHYA PRADESH
Versus
HARIOM UIKE AND OTHERS
Appearance:
Shri Aditya Narayan Gupta - Public Prosecutor for the appellant-State.
ORDER
Per: Justice Vivek Agarwal
Heard Shri Aditya Narayan Gupta, learned Public Prosecutor for the
appellant-State seeking leave to file appeal under Section 378(III) of the
Code of Criminal Procedure, 1973 being aggrieved of the judgment dated
30.08.2022 passed by the learned Special Judge (Scheduled Caste/Scheduled
Tribe (Prevention of Atrocities) Act, 1989), Sehore in Special case
No.22/2021 vide which the learned trial Court has exonerated all the accused
persons from charge under Section 302, 34 of IPC and under Section 3(2)(v)
of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 on
the ground that chain of circumstances is not complete to record conviction
of the respondents.
2. Shri Aditya Narayan Gupta, learned Public Prosecutor submits that PW-
3 Pyarelal, PW-4 Rakesh, PW-8 Naresh and PW-10 Raghuvir are the eye-
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witnesses who had last seen deceased Shaitan Singh in the company of
respondents Hari Om Uike, Sonu Chauhan, Suresh @ Pappu Chauhan,
Girjesh Bhallavi and Maan Singh Ahirwar. It is submitted that the chain of
circumstances is complete because there are witnesses of last seen and also
the weapons which were recovered from the possession of the respondents,
were subjected to FSL examination and in the FSL report (Ex.P-50), certain
objects such as 'C' - Full shirt of deceased Shaitan Singh, 'D' - Danda
recovered from accused Hariom, 'F' - Base of an axe recovered from accused
Suresh @ Pappu Chauhan, 'G' - Danda recovered from accused Girjesh
Bhallavi and 'H' - Danda recovered from accused Maan Singh Ahirwar,
contained human blood, is a sufficient circumstance to hold them guilty. It is,
thus, submitted that leave to file appeal be granted, judgment of acquittal be
reversed and notices be issued to the respondents.
3. We have carefully perused the record. Missing person report is Ex.P-11.
It was recorded at the instance of Rakesh, who has been examined as PW-4
before the trial Court. He is the real brother of deceased Shaitan Singh Gond.
In this missing person report, recorded on 17.01.2021, there is no mention of
this fact that he had any intimation in regard to deceased Shaitan Singh being
seen in the company of the respondents since deceased had gone missing on
09.01.2021 at 8:00 AM. Contrary to this PW-8 Naresh S/o Hari Singh has
deposed that he had informed Rakesh after 2-3 days of the incident that
Shaitan Singh was in the company of Maan Singh, Girjesh, Sonu, Pappu and
Hariom. This fact is also stated by PW-10 Raghuvir Singh S/o Chhotelal,
who has categorically stated that he had informed Rakesh when he had come
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to him and had asked him about Shaitan Singh that Shaitan Singh was last
seen in the company of Hariom, Sonu, Suresh @ Pappu, Girjesh and Maan
Singh.
4. When this fact was known to witness PW-4 Rakesh as was narrated to
him by PW-8 Naresh and PW-10 Raghuvir, then it was incumbent upon him
to have informed the police when he recorded the missing person report on
17.01.2021. Therefore, not mentioning names of these persons to have been
seen by PW-8 Naresh and PW-10 Raghuvir, respectively, causes dent to the
story of the prosecution that they were the witnesses of last seen and had
seen Shaitan Singh in the company of the respondents herein.
5. Another intriguing fact is that merg intimation was lodged by Pyarelal
and it is available on record as Ex.P-3. Pyarelal has been examined as PW-3
and he too has not mentioned names of the respondents in the Dehati merg
intimation.
6. In view of above, when examined, then impugned judgment cannot be
faulted with, especially, merely on finding human blood on certain weapons,
is not a sufficient and complete circumstance in itself to record a finding of
conviction as held by Hon'ble Supreme Court in case of Mustkeem Alias
Sirajudeen Vs. State of Rajasthan, (2011) 11 SCC 724.
7. In view of such facts, contention of Shri Aditya Narayan Gupta, learned
Public Prosecutor for the appellant-State that recovery of weapons of attack
with human blood, is a sufficient circumstance to record conviction, cannot
be accepted and the learned trial Court has rightly held that the chain of
circumstances is not complete and, therefore, we do not find any material to
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take a different view than that of the learned trial Court.
8. Accordingly, application for grant of leave to appeal fails and is
dismissed.
(VIVEK AGARWAL) (PRAMOD KUMAR AGRAWAL)
JUDGE JUDGE
pp
