- (1.) Accused No.5 (Amarg Singh Jatav) and Accused No.6 (Himanshu Mishra) are the appellants before us in this appeal against the judgment and order passed by the High Court of Judicature of Madhya Pradesh at Jabalpur in Criminal Appeal No.1358 of 1995, dated 03.10.2005. By the impugned judgment and order, the High Court has reversed the judgment and order passed by the Additional Sessions Judge, Betul in Sessions Trial No.111 of 1993, dated 25.01.1994.
(2.) Accused Nos. 5 and 6 are police constables. They, along with two others, had arrested one Gunda @ Bhuta, as a suspect, in pursuance of the report filed by one Girdhari for an offence under Section 302 of the Indian Penal Code, 1860 ("IPC" for short). While investigating the said report, they had taken Gunda @ Bhuta from the Betul police station to Gajpur village for the purpose of further investigation of the said report. It is the case of the appellants that when Gunda @ Bhuta was taken for the purpose of recovery of murder weapon in the field of Girdhari, Girdhari assaulted Gunda @ Bhuta with lathi and kurfi and thereby caused nearly 13 grievous injuries. As a result of the injuries, according to the appellants, Gunda @ Bhuta died while he was being carried away in the jeep from Gajpur village to Betul police station.
(3.) The Prosecution has examined nearly 12 witnesses in support of their case. The Trial Judge, after appreciating the evidence and the materials on record, has disbelieved the case of the Prosecution and accordingly has acquitted the appellants for offences under Section 302 of the IPC.;