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2010 DIGILAW 414 (SC)

State of M. P. v. Sughar Singh

2010-04-21

ALTAMAS KABIR, K.G.BALAKRISHNAN, R.V.RAVEENDRAN, S.H.KAPADIA

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JUDGMENT : 1. Order dated 9th March, 2010 is recalled and this revised order is being passed. 2. The Sessions Judge, Shivpuri in the State of Madhya Pradesh had tried eight persons, namely Bhoja Son of Bhagwan Singh Gujjar; Raghubir Son of Bhagwan Singh Gujjar; Puran Son of Bhagwan Singh Gujjar; Sughar Son of Khuman Singh Gujjar; Laxman Son of Khuman Singh Gujjar; Omkar Son of Sita Ram; Balbir Son of Babu Lal Gujjar; Ramesh, Son of Hari Ram and all of them were convicted for the offences punishable under Section 302 read with Section 149 Indian Penal Code and other allied offences. These eight accused persons filed two separate appeals, vii., Criminal Appeal No. 242/91 and Criminal Appeal No. 253/91 before the High Court of Madhya Pradesh, challenging their conviction and sentence. The High Court acquitted all the accused persons and aggrieved by the said acquittal, the State filed criminal appeal before this Court; which was numbered as Criminal Appeal Nos. 1362-1363/2004. In the Criminal Appeal filed by the State, four accused, namely, Sughar Singh, Laxman, Omkar and Ramesh alone were made respondents and the other four accused, namely, Bhoja, Raghubir, Puran and Balbir were not made parties. So, in effect, the State has not filed any appeal against the acquittal passed by the High Court against Bhoja, Puran, Balbir and Raghubir. Therefore, their acquittal by the High Court stands confirmed. 3. As regards the other four accused, namely, Sughar Singh, Laxman, Omkar and Ramesh, this Court by judgment dated 7.11.2008 set aside the acquittal of these accused by the High Court and they have been convicted under Section 304 Part-II read with Section 149 Indian Penal Code. The operative portion of the judgment dated 7.11.2008 reads thus: “20. The appeals are partly allowed and the accused are convicted for the offence punishable under Section 304, Part-II, read with Section 149 Indian Penal Code, and they are ordered to undergo rigorous imprisonment for six years. Since the order of acquittal was recorded by the High Court, the respondents-accused are ordered to surrender to undergo the remaining period of sentence. It is needless to clarify that the period during which the accused had remained in jail will be adjusted.” 4. Since the order of acquittal was recorded by the High Court, the respondents-accused are ordered to surrender to undergo the remaining period of sentence. It is needless to clarify that the period during which the accused had remained in jail will be adjusted.” 4. Question may arise whether the conviction of Sughar Singh, Laxman, Omkar and Ramesh, is valid in law in view of the State not filing an appeal against the other four co-accused. We, accordingly, recall the order dated 7.11.2008 of this Court and direct that the Criminal Appeal Nos. 1362-1363/2004 be heard again. 5. As against accused Bhoja, Raghubir, Puran and Balbir, there was no appeal filed by the State challenging the order of acquittal passed by the High Court. As their acquittal has become final, they are entitled to be released from jail. We are told that after the disposal of Criminal Appeal No. 1362-1363/2004 on 8.11.2008, accused Bhoja, Balbir and Puran were taken into custody and lodged in Shivpun Jail, District Shivpuri, Madhya Pradesh. It is stated by the Counsel for the applicants that they have now been transferred to Sub-Jail, Datia, District Datia, Madhya Pradesh. We direct that accused Bhoja, Puran and Balbir be released forthwith, if not required in any other case. Copy of this order is directed to be sent to the Jail Superintendent, Sub-Jail, Datia, District Datia, Madhya Pradesh forthwith. 6. As far as Raghubir is concerned, no further order is required to be passed as he was not re-arrested and taken into custody after the judgment of this Court. Warrant, if any, issued against Raghubir will stand cancelled. As judgment dated 7.11.2008 in Criminal Appeal Nos. 1362-1363 of 2004 is recalled, the accused- respondents, namely, Sughar Singh, Laxman, Omkar and Ramesh will be given fresh notice and they need not surrender to the warrant, if any, issued against them in this case. 7. Post Criminal Appeal No. 1362-1363/2004 for hearing at an early date.