The impugned order of the High Court, hence, deserves to be set aside by allowing the appeal and by restoring the order of companyviction and sentence recorded by the trial Court.
Participation of accused persons was proved beyond reasonable doubt from the evidence of prosecution witnesses, namely, PW2 Sarvan Lal injured eye witness and PW 4 Ram Niwas, and PW8 Ram Prasad other eye witnesses .
There was numberreason to disbelieve the evidence of prosecution witnesses.
The case of the prosecution is that on October 20, 1989 Balkishan hereinafter referred to as the deceased and PW 2 Sarvan Lal were guarding their Jowar crop and for the said purpose they had stayed during night time in their field.
Deceased Balkishan and Sarvan Lal PW2 surrounded the cattle and started taking them to cattle pond.
Since the companydition of Balkishan was critical, he was taken to District Hospital, Shivpuri.
By the said order, the High Court allowed the appeal filed by the accused and set aside the order of companyviction and sentence recorded by the Additional Sessions Judge, Shivpuri dated October 14, 1991 in Sessions Case No.
As stated above, the High Court, vide its judgment and order dated January 3, 2003, set aside the order of companyviction and sentence recorded by the trial Court and acquitted all the accused mainly on the ground that there was inconsistency between the evidence of eye witnesses and medical evidence.
While leaving the place, they threatened deceased Balkishan and Sarvan Lal of their lives.
Immediately after the incident, deceased Balkishan and Sarvan Lal went to thana and lodged First Information Report FIR at Police Station Rannod.
Dr. Suresh Majeji PW5 examined Balksihan.
Several injuries were caused to deceased Balkishan and injured Sarvan Lal.
The incident was narrated by deceased Balkishan and Case No.
They attacked Balkishan and Sarvan Lal and caused injuries to them.
The prosecution witnesses have supported the case of the prosecution with regard to the incident as also participation of the accused.
The accused did number allow the cattle to be taken to cattle pond and took away with them.
According to the prosecution, at about 3 4 a.m. early in the morning, cattle of village Nehgawan started grazing the Jowar crop of the deceased.
PW2 Sarvan Lal was injured during the same incident.
The said act enraged the accused and they attacked Balkishan and Sarvan Lal which resulted in the death of Balkishan and caused serious injuries to PW2 Sarvan Lal.
29 of 1990.
The learned Additional Sessions Judge, Shivpuri believed the evidence of PW 2 Sarvan Lal, PW 4 Ram Niwas, PW 8 Ram Prasad, eye witnesses and PW 1 Dr. G.D. Agarwal, companyvicted all the accused for an offence punishable under Sections 143, 302 read with 149 and 324 read with 149, 148, IPC for forming unlawful assembly and for causing death of Balkishan and for causing grievous hurt to Sarvan Lal in furtherance of companymon object.
On the shouts of injured Balkishan and Servanlal, Ram Singh, Raghu Nath, Ram Prasad and Ram Niwas reached there and saved Balkishan and Sarvan Lal.
Postmortem of Balkishan was performed by Dr. D. Agrawal PW 1 on the next day i.e. on October 21, 1989.
They were armed with lethal weapons, like farsa, ballam, luhangi, lathi, etc.
At that time, all accused persons who were residents of village Nehgawan appeared on the spot.
Their neighbour farmers, namely, Ramprasad PW8 , Ramsingh PW9 and Raghunath PW10 were also guarding over their respective crops and were in the huts companystructed in their fields.
57 of 1989 of was registered against the accused for offences punishable under Sections 147, 148, 149, 323, 324 and 406 of the Indian Penal Code, 1860 IPC .
Being aggrieved by the judgment and order passed by the trial Court, the respondent herein preferred appeals.
Usual investigation was carried out, accused were arrested, weapons were recovered at their instance and charge was framed against the accused.
Notice was issued by this Court on March 19, 2004.
He also examined Sarvan Lal.
On the way, however, Balkishan died.
The State has challenged the order of acquittal recorded by the High Court.
242 of 1991 and 253 of 1991.
Leave was granted on November 19, 2004.
K. THAKKER, J. Both these appeals arise out of companymon judgment and order passed by the High Court of Madhya Pradesh Gwalior Bench dated January 3, 2003 in Criminal Appeal Nos.
Injuries caused to deceased Balkishan and injured Sarvan Lal were proved by medical examination.
