The First Information Report In short the FIR was lodged by PW 2 Ramhet and in this manner the criminal law was set in motion.
Ramhet, Dhanvanti and Kaptan Singh were sitting in the bullock cart.
The trial Judge after companysidering the evidence on record found the accused persons guilty as numbered above.
Two brothers of the accused had died 5 to 6 years ago in the hospital with the result that the accused left the village after disposing of their land to Gujiars.
Since accused persons pleaded innocence trial was held.
The States stand was that neither of these two aspects rendered the prosecution version suspect.
The High Court however held that the benefit of doubt was to be extended and directed acquittal.
The High Court found that the name of Bhagwan Singh PW 3 did number find place in the FIR.
Prem Das asked to stop the bullock cart and thereafter upon his exhortation Dhara Singh fired the Katta, as a result of which Sohanlal died.
The bullet which was found on the body of the deceased was recovered and was sent for examination of the ballistic expert and his report was number placed on record.
Subsequently, deceased had purchased a portion of land from Gujiars.
The police thereafter arrived on the spot, prepared the Panchnama, sent the dead body of the deceased to the Hospital for post mortem, seized the wearing apparel of the deceased and recorded the statements of the witnesses.
The accused persons were under impression that the deceased got their brothers killed.
Thereafter the accused persons fled away.
When the said bullock cart reached near Shivlal ke pura Ki Mata, at that juncture accused Prem Das armed with a gun and accused Dhara Singh armed with a katta came in front of the bullock cart.
They were returning back to their village in a bullock cart at about 3.00 p.m. Said bullock cart was being driven by Bhagwan Singh and the deceased Sohan Lal and Ram Swaroop were behind the bullock cart.
After investigation, charge sheet was filed.
Background facts in a nutshell are as follows On 3.10.1998 Sohan Lal hereinafter referred to as the deceased his son Ram Het, Dhanvanti, Ramswaroop, Kaptan Singh and Bhagwan Singh came to Morena from Village Rajyekapura for the treatment of Dhanvanti and to purchase fertilizer.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Gwalior Bench, directing acquittal of the respondents.
