Mohan M. Shantanagoudar, J. - (1.) This appeal is directed against the judgment dated 03.02.2010 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 599 of 2001. The High Court while allowing the appeal had acquitted the accused and set aside the judgment dated 07.11.2001 passed by the Additional Sessions Judge, Sironj, District Vidisha in Sessions Trial No. 73/92 convicting the four respondents for the offences punishable under Sections 302, 324 and 323 read with Section 34 of the Indian Penal Code (for short 'the IPC').
(2.) The case of the prosecution in brief is that there was a dispute in respect of a pathway between the deceased (Devi Singh) and Salag Ram. In order to resolve the dispute, the jurisdictional Tehsildar with the help of others got measured the place and found that the deceased had closed the way and consequently the way was got opened. However, the misunderstanding in respect of the earlier dispute continued. At about 9.00 am on 30.08.1991, 18 persons including the respondents, formed themselves into an unlawful assembly and broke into the residential house of the complainant - Khilan Singh in order to cause injury to Devi Singh. The accused were carrying farsi (sharp edged object), lathis and other weapons. They dealt blows on the head of Khilan Singh, as a result of which he fell down. At that juncture, the deceased, Devi Singh, intervened and he was also assaulted by the accused persons with farsi and lathis, as a result of which the deceased fell down on the ground. The First Information Report (for short 'the FIR') came to be lodged at about 8.30 pm on 30.08.1991. The charge-sheet was filed for various offences including the offence under Section 302 read with Section 149 of the IPC. As mentioned supra, the Trial Court convicted the respondents/four accused, namely, Ratan Singh S/o Gulab Singh, Chandan Singh S/o Gulab Singh, Salag Ram S/o Mohan Singh and Ramesh S/o Aman Singh for charges levelled against them and sentenced them to undergo imprisonment for life. The appeal filed by the convicted accused before the High Court was allowed and they were acquitted vide the impugned judgment. Hence, this appeal by the State.
(3.) Learned Advocates on both sides argued in support of their respective contentions. Both of them have taken us through the evidence on record. In order to satisfy our conscience and as there were divergent findings, the evidence on record is considered at length.;