LAXMAN Vs. STATE OF M P
LAWS(SC)-2006-9-30
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on September 18,2006

LAXMAN Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents





Cited Judgements :-

UDE NAIK VS. STATE OF ORISSA [LAWS(ORI)-2008-8-91] [REFERRED TO]
STATE OF ORISSA VS. APPA RAO KUTUMA [LAWS(ORI)-2008-8-88] [REFERRED TO]
RAJ KUMAR PRASAD TAMARKAR VS. STATE OF BIHAR [LAWS(SC)-2007-1-4] [REFERRED TO]
NARBADA PRASAD, S/O HARILAL & 2 OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-12-109] [REFERRED TO]
KOMAL PRASAD, S/O MITTANLAL & ANOTHER VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-12-170] [REFERRED TO]
RANTHU ORAON VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-8-53] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Appellant calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench. The accused are described as per their number during trial. Appellant Laxman (A1) was found guilty of the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). Three others i.e. Chhattariya (A3), Richhu (A5) and Nawal Singh (A8) were convicted under Section 324 IPC. The High Court allowed the appeal so far as it relates to Bhoomaliya (A2), Kishan (A4), Bathilaya (A6), Banshiya (A7) and Rai Singh (A9) and acquitted them of all charges. Appellant Laxman was acquitted of the charge under Section 148 and 324 read with Section 149 IPC. Three accused who were convicted under Section 324 IPC, were acquitted of the charges under Sections 148, 302 read with Section 149 IPC.
(3.)Initially 9 persons had faced trial for alleged commission of offences punishable under Sections 148, 302 and 324 read with Section 149 IPC. One of the accused who faced trial along with 9 others had died during the trial.
Prosecution version in a nutshell is as follows:

On 12.3.1993 there was the festival of Rangpanchami. Chastar (hereinafter referred to as 'deceased') and Gulab Singh (PW9) had gone Gadaghat to take the food grain, and were coming back to the house after taking the food grains from the bullock cart. On the way the accused Laxman (A1), Chatarsingh (A3), Bashiy (A7), Raisingh (A9), Navalsingh (A8), Reechoo (A5), Nakoo, Bathalya (A6) Bhomalya (A2) and Kishan (A4) stopped Chastar and Gulab in the field of Remsingh situated on the backside of the house of Navadiya at about 11 A.M. Gulab ran away from the spot and told the villagers that the accused persons have stopped the deceased and were assaulting him. On hearing this the complainant Anar Singh (PW-1), Kal Singh (PW-10), Resala (PW-12) and other persons of the village went running to the place of incident. The accused persons started shooting arrows and pelting stones. The accused Chatariya (A-3) shot an arrow which hit on the right shoulder of the complainant. The accused Laxman (A-1) shot an arrow which hit the deceased and on sustaining the injuries the deceased fell down and died immediately. The accused Reechoo (A-5) shot an arrow which hit Kal Singh (P- 10) in his back and the accused Naval Singh (A-8) also shot an arrow which hit Resala (PW-12). When deceased fell down, the accused run away. The complainant was having old enmity with the accused persons, due to this reason the accused persons committed murder of the deceased who was nephew of the complainant, and he also sustained injuries. The complainant Anar Singh reported the incident on the same day in writing at the police station, which is Ext.P-1. Medical examination of the injured persons was done. After investigation the charge sheet was filed in the court of the Judicial Magistrate, First Class, Khargon under Sections 147, 148, 149, 302 and 324 I.P.C., which was registered as Criminal Case No.380/93. Case was transferred to the Sessions Court. After transfer of the case, the case was taken for trial.

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