- (1.) Heard learned counsel appearing for the parties at length.
(2.) This appeal is directed against the judgment and order dated 01.11.2008 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Cri. Appeal No. 240 of 1991 whereby the High Court has affirmed the order passed by the trial court acquitting the respondent herein from the charges levelled against him.
(3.) A brief reference of the facts of the case, as appeared from the prosecution story, goes to show that on 2.4.1987, three police personnel namely Ramanand Singh (PW1), Purushottam (deceased) and Bhagwan Das (PW 34), of Inderganj Police Station, District Gwalior, were put on duty to accompany two accused persons, namely Ravi Pandey (deceased) and Bhagwan Das Kamariya (PW 3) from jail to the Sessions Court for hearing of a criminal case against them. After the completion of hearing, when the police personnel along with those two prisoners were returning back to the jail in an auto rickshaw, a white coloured Fiat car intercepted them and an Ambassador car reached there and stood by the side of auto rikshaw. Immediately, the accused persons including the respondent herein, armed with rifles in their hands, came out of their vehicles and fired at the auto rickshaw, thereby injuring Constables Bhagwan Das and Purushottam as well as prisoners Bhagwan Das Kamariya and Ravi Pandey. Injured Constable Bhagwan Das was sent to the hospital in an ambulance while the injured prisoners Bhagwandas Kamaria and Ravi Pandey were sent to hospital in the same auto rickshaw. Thereafter, on the basis of report lodged by Constables Ramanand Singh and Purushottam, FIR was registered and investigation started and other formalities followed, such as collecting blood stained soil, seizure of auto rickshaw, Ambassador car, empty and alive cartridges etc. Due to the injuries sustained, prisoner Ravi Pandey and Constable Purushottam died.;