NATHU SINGH Vs. STATE OF M.P.
LAWS(MPH)-2022-1-45
HIGH COURT OF MADHYA PRADESH
Decided on
January 13,2022
NATHU SINGH
Appellant
VERSUS
STATE OF M.P.
Respondents
Referred Judgements :-
RAI SINGH VS. STATE OF HARYANA [REFERRED TO]KHUJJIALIASSURENDRA TIWARI VS. STATE OF MADHYA PRADESH [REFERRED TO]
RAMILABEN HASMUKHBHAI KHRISTI VS. STATE OF GUJARAT [REFERRED TO]
LAXMAN VS. STATE OF MAHARASHTRA [REFERRED TO]
RIZAN VS. STATE OF CHHATTISGARH [REFERRED TO]
SHAKILA ABDUL GAFAR KHAN VS. VASANT RAGHUNATH DHOBLE [REFERRED TO]
RAVIKUMAR ALIAS KUTTI RAVI VS. STATE OF TAMIL NADU [REFERRED TO]
KALAWATI VS. STATE OF MAHARASHTRA [REFERRED TO]
GOVINDAPPA VS. STATE OF KARNATAKA [REFERRED TO]
BRAHM SWAROOP VS. STATE OF UP [REFERRED TO]
RANJIT SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]
JITENDER KUMAR VS. STATE OF HARAYANA [REFERRED TO]
JEEWAN VS. STATE OF UTTARAKHAND [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [REFERRED TO]
RUPINDER SINGH SANDHU VS. STATE OF PUNJAB & OTHERS [REFERRED TO]
SHAMIM VS. STATE (GNCT OF DELHI) [REFERRED TO]
LALTU GHOSH VS. STATE OF WEST BENGAL [REFERRED TO]
MD. ROJALI ALI AND OTHERS VS. THE STATE OF ASSAM [REFERRED TO]
JAGBIR SINGH VS. STATE (NCT OF DELHI) [REFERRED TO]
JUDGEMENT
G.S.AHLUWALIA J. -
(1.)This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 29/6/2010 passed by 3rd Additional Sessions Judge, Bhind in S.T. No. 177/1993, by which the appellant has been 302/34 of I.P.C. and sentenced to undergo Life Imprisonment and a fine of Rs.2000.00 in default 2 years R.I.
(2.)It is not out place to mention here that initially, the present appellant Nathu Singh was also arrested and charge sheet was also filed against him along with other co-accused persons. It appears that the appellant Nathu Singh was granted bail, but later on by order 28- 2-1994, an order under Sec. 439(2) of Cr.P.C. was passed and the bail granted to him was cancelled. The appellant Nathu Singh also filed a revision before this Court, which was registered as Cr.R. No. 71/1994 and by order dtd. 30/4/1994, the operation of order dtd. 27/4/1992 was stayed. Thereafter, the revision filed by the appellant Nathu Singh was dismissed by order dtd. 25/7/1994. However, the appellant Nathu Singh did not appear before the Trial Court, accordingly, by order dtd. 9/8/1994, the Trial Court issued perpetual warrant of arrest. However, the appellant Nathu Singh neither appeared nor he could be arrested. and the remaining co-accused persons namely Surendra Singh, Vishram Singh, Babu Singh and Jagat Singh were tried in S.T. No.177/1993 and by judgment and sentence dtd. 23/3/1999, the co-accused Surendra Singh, Vishram Singh and Jagat Singh were convicted under Sec. 302/34 of I.P.C., whereas Babu Singh was acquitted of all the charges.
(3.)The co-accused Surendra Singh, Vishram Singh and Jagat Singh filed Cr.A. No. 171/1999, which was dismissed by judgment dtd. 13/10/2005. The co-accused persons, filed S.L.P. (Criminal) No. 2224 of 2006 which too was dismissed by Supreme Court by order dtd. 10/5/2006.
(2.)It is not out place to mention here that initially, the present appellant Nathu Singh was also arrested and charge sheet was also filed against him along with other co-accused persons. It appears that the appellant Nathu Singh was granted bail, but later on by order 28- 2-1994, an order under Sec. 439(2) of Cr.P.C. was passed and the bail granted to him was cancelled. The appellant Nathu Singh also filed a revision before this Court, which was registered as Cr.R. No. 71/1994 and by order dtd. 30/4/1994, the operation of order dtd. 27/4/1992 was stayed. Thereafter, the revision filed by the appellant Nathu Singh was dismissed by order dtd. 25/7/1994. However, the appellant Nathu Singh did not appear before the Trial Court, accordingly, by order dtd. 9/8/1994, the Trial Court issued perpetual warrant of arrest. However, the appellant Nathu Singh neither appeared nor he could be arrested. and the remaining co-accused persons namely Surendra Singh, Vishram Singh, Babu Singh and Jagat Singh were tried in S.T. No.177/1993 and by judgment and sentence dtd. 23/3/1999, the co-accused Surendra Singh, Vishram Singh and Jagat Singh were convicted under Sec. 302/34 of I.P.C., whereas Babu Singh was acquitted of all the charges.
(3.)The co-accused Surendra Singh, Vishram Singh and Jagat Singh filed Cr.A. No. 171/1999, which was dismissed by judgment dtd. 13/10/2005. The co-accused persons, filed S.L.P. (Criminal) No. 2224 of 2006 which too was dismissed by Supreme Court by order dtd. 10/5/2006.
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