- (1.) This appeal is filed under Section 379 of the Code of Criminal Procedure ("Code") and Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. Appellant was third accused in the trial Court. He and all the other accused arrayed along with him were acquitted by the Sessions Court. When State of Madhya Pradesh challenged the acquittal before the High Court of Madhya Pradesh, a Division Bench of the High Court reversed the acquittal as against the present appellant Pammi alias Brijendra Singh and his father Thakkar Singh (who was the first accused). But the latter died and hence this appeal by special leave has been filed by Pammi alias Brijendra Singh alone.
(2.) This case relates to the gunning down of three persons (1. Suresh Palia, 2. Suresh Sharma and 3. Bajrang Rajput) at about 9 p.m. on 24-6-1983 near Apsara Punjab Hotel at Itwara Bazar (Piparia in Madhya Pradesh). The story of the prosecution is, in brief, the following : One Santhosh Singh (who died in a subsequent encounter) and Kamal Kumar Jaiswal (PW-5) were partners in a liquor business. They had to settle accounts between them and that erupted estrangement between them which led to severe antagonism as against each other. On the night of occurrence, Santosh Singh and his henchmen including appellant and Thakkar Singh went to the house of Kamal Kumar Jaiswal and asked him to settle the accounts by showing a pistol at him. During that time, the three deceased went to that house and tried to pacify them which led to an altercation and it got heated up. Santhosh Singh and appellant and Thakkar Singh took out guns and fired at all the deceased. Appellant then brought a pistol from his car (which was parked nearby) and fired at Suresh Palia; Santhosh Singh fired at Bajrang Rajput while Thakkar Singh shot at Suresh Sharma. All the three victims slumped down. PW-1 Rajendra Prasad Palia (brother of Suresh Palia) who reached the spot was also shot at by the appellant. The shooting spree did not spare some of the onlookers like PW-6 and PW-9. However, the assailants retreated and fled from the scene in their vehicles.
(3.) As information about the escape of the killers was transmitted through wireless to the nearby police stations, the police of Tamiya Station succeeded in blocking the fiat car in which Santhosh Singh and Pammi were travelling. Though they resisted, the police succeeded in intercepting both, but in the encounter, Santhosh Singh died while the appellant was overpowered by the police.;