STATE OF M P Vs. THAN SINGH

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 26-8-1996 of the learned Addl. Sessions Judge, Manawar, District Dhar in S. T. No. 142/95 by which the learned Judge has acquitted the respondents/accused as also the two co-accused of the charges under Sections 302/34 and 394 of the IPC. The State had applied for leave to appeal against the acquittal of all the three accused but since the leave was granted only against accused Than Singh s/o Jahar Singh, the appeal is confined against his acquittal only.

(2.) THE facts, in brief, leading to the prosecution of the respondents are that a report with regard to the unnatural death of deceased Tal Singh was made by Bahadur (P. W. 6) at Police Station, Gangwani on the basis whereof, Marg No. 29/94 was registered. After recording the FIR, the inquest was held as required under Section 174, Cr. PC. In the report, it was stated by Bahadur that on 21-9-1994 at about 8 A. M. his father Tal Singh had escorted his sister Kamli Bai to take her to Village Kota. On 22-9-94 at about 9. 30 A. M. , Than Singh had called on him and informed that the body of his father was lying on Pipalda road. He, therefore, along with his uncle's son Bharo Singh, rushed to the place and found that his father was lying dead. He reported the matter to the police Gandhwani. The investigation commenced during which it was found that the deceased had injuries on his head and that he had been done to death while he was robbed of his 12 bore gun. After necessary investigation including seizure of the blood-stained and controlled earth and the license of the gun, the accused were prosecuted. However, on account of the absence of evidence implicating the accused or making out their complicity, accused were acquitted and hence this appeal by the State against the acquittal of the respondent.

(3.) THE learned Counsel for the State submits that the evidence of the prosecution is clinching and the fact that not only the accused had committed murder of Tal Singh, his gun was also taken away which was recovered from his possession, clearly indicate that after committing the murder of the deceased, the accused fled away with his gun. These circumstances amply establish his complicity and, therefore, the learned Addl. Sessions Judge committed manifest illegality in acquitting the respondent/accused.