POOJA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2004-8-68
HIGH COURT OF MADHYA PRADESH
Decided on August 11,2004

POOJA Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

SMT.AKHILESH V. STATE OF M.P. [REFERRED TO]
PREM LATA VS. STATE OF PUNJAB [REFERRED TO]
BAL KISHAN VS. STATE OF RAJASTHAN [REFERRED TO]


JUDGEMENT

S.Samvastar, J. - (1.)This petition is filed by the accused persons under Section 482 of the Code of Criminal Procedure (Cr.P.C. for short) for quashing the criminal proceedings i.e. Sessions Trial No. 4/2001 pending in the Court of Additional Sessions Judge, Seonda Camp Datia District Datia.
(2.)The brief facts of the case are that one Pushpa wife of Jagdish Khangar lodged a Dehatinalish stating that Nathuram, Chandan, Ramkali and the appli-cants have committed murder of her hus-band Jagdish Khangar. On the basis of First Information Report (F.I.R. for short), a Crime No. 182/2000 was registered at the Police State Bhander against all the accused persons for committing offence under Sections 147, 148, 149, 302 of Indian Penal Code (I.P.C. for short). After completion of investigation, a charge sheet was filed against the co-accused Chandan, Ramkali and Nathuram and a separate charge sheet was filed against the present applicants under Section 299, Cr.P.C.
(3.)Co-accused Chandan, Ramkali and Nathuram were separately tried earlier by the Additional Sessions Judge, Seonda in Sessions Trial No. 4/2001. In the sessions trial against these accused persons, statements of witnesses i.e. PW-1 Munnalal, PW-2 Raghuraj Singh, PW-3 Head Constable Kamta Prasad, PW-4 Pushpa were recorded. PW-5 Arju and PW-6 Govind Das were the eyewitnesses to the said incident. The other witnesses, who were examined were PW-7 Siya, PW-8 Malkhan Singh, PW-9 Dr. D.P. Dandatiya, PW-10 Dr. G.L. Varma and PW-11 Dharmveer Singh. The Sessions Judge after appreciating the evidence acquitted the co-accused Chandan, Ramkali and Nathuram by the judgment dated 25/3/2004. The State did not prefer any appeal against the said judgment and hence the said judgment attended finality between the parties. Thereafter, the present petition was filed by the present applicants stating that as the Sessions Court has acquitted three co-accused persons in the earlier sessions trial no useful purpose will be achieved by prosecuting the applicants on the basis of statements of the same witnesses, as there is no chance of their conviction. Hence, the sessions trial against the present accused should be quashed.


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