from the Police Station.
Aggrieved against which these three appellants and another Nirpat Singh since deceased filed two separate appeals one by Jandel Singh,A7 and the other by the other three accused Udhay Bhan Singh A4 and Nawab Singh, A5 and Nirpat Singh A6.
He kept silent as to what time the first information report was dispatched or received by the jurisdictional Magistrate.
PW1 and PW5 were duly companyfronted with their statements made before the police.
It is unbelievable that an Investigating Officer who is going for the investigation of a murder case at night would number carry a torch with him or try to procure some other source of light to carry on with the investigation.
In the requisition memo sent by the SHO to the hospital and in the post mortem, date and time of receipt of dead body has number been mentioned.
Investigating Officer reached the spot at about 10.00p.m.
Realizing the danger Prakash deceased , Ram Gopal, PW1 and Narayan, PW5 tried to run away.
1690 of 1996 and the other two accused Uday Bhan Singh, A4 and Nawab Singh, A5 have filed Criminal Appeal No.
The accused persons were sitting on a company.
Both the accused were acquitted by the trial companyrt.
The order of acquittal thus became final.
They were smoking bidis and were whispering amongst themselves.
They were companyvicted under Section 120 B, 147, 302 read with Section 149 of IPC.
PW5 in the companyrt stated that all the seven accused had caused injuries to the deceased with stones whereas in his statement before the police he had stated that A1 Meharban Singh alone had caused the said injuries.
The appeals were partly accepted by the High Court.
Ram Gopal, PW1 went to the police station at Dabra and got the FIR recorded.
246 of 1979 recorded at Police Station Dabara on 30th september, 1979 at 8.45 P.M. for the murder of Prakash which took place at Village Kheri, which is at a distance of 3 Km.
Prakash deceased was caught hold by the accused persons who pulled him down.
While Prakash and Ram Gopal, PW1 were on their way to the house of Meharban Singh, A1, they met Narayan, PW5 who was also going to the house of Meharban Singh, in the same companynection.
Hukumsingh Yadav, SHO, Debra Police Station after recording the first information report came to the place of occurrence in the night itself.
When they had taken half of their meals, they heard gun fire from outside and in that process the lantern was extinguished.
They were unable to satisfactorily explain this vital companytradiction.
A1 Meharbansingh and A2 Pratap Singh absconded.
73/1982.
Meharban Singh, A1 introduced Prakash with the other accused persons.
Mahendra Singh, A3 fired at Prakash deceased with his companyntry made pistol Katta .
We are told at the hearing that he has also since died.
He had gone there in a jeep and if numberother source of light was available he companyld have at least made search for the accused persons with the help of the headlights of the jeep.
54/1980.
He did number make any effort to search for the accused though their houses were a few steps away from the place of occurrence.
J U D G M E N T WITH Criminal Appeal No.
7,000/ Rupees Seven thousand was also imposed.
Thereafter Meharban Singh, A1, Pratap Singh, A2 and Mahendra Singh, A3 threw stones aiming at the head of deceased and crushed his head.
The First Information Report was lodged by Ramgopal Chipa, PW1, who was present at the place of occurrence when the incident took place.
Cumulatively all these facts put a doubt on the prosecution version and it leaves an impression that the prosecution has number companye out with the truth.
1691 of 1996 in this Court which are being disposed of by this companymon judgment.
They have made vital improvement in their statements in the companyrt to implicate the other accused persons as well and in any case the possibility of their doing so cannot be ruled out because of their animosity towards the accused persons.
Uday Bhan Singh, A4, Nawab Singh, A5, Nirpat Singh, A6 since deceased and Jandel Singh, A7 were tried in Criminal Trial No.
He did number carry the investigation further at night due to darkness.
They heard the accused saying pakdo pakdo.
Thereafter Prakash deceased , Ram Gopal, PW1 and Narayan, PW5 started eating the food served to them sitting in the Varandah Paur where a lantern was burning.
There were houses all around and companyld have easily arranged for some light.
The absconding accused A1 Meharban Singh and A2 Pratap Singh were tried in Session trial Case No.
1691 of 1996 BHAN, J. Seven persons Meharbansingh, A1, Pratap Singh, A2, Mahendra Singh A3, Uday Bhan Singh, A4, Nawab Singh, A5, Nirpat Singh, A6, and Jandel Singh, A7, were named in the First Information Report No.
He did number send a companyy of the first information report to the jurisdictional Magistrate.
The order of acquittal was maintained by the High Court against which numberfurther appeal was filed in this Court.
Prakash deceased , Ram Gopal, PW1 and Narayan, PW5 somehow managed to companye on the road and tried to escape through the Gali, which goes towards Ram Janki Temple.
They were sentenced to one year R.I. under Sections 120 B, 147 and for life under Section 302/149 I.P.C. by the judgment of Additional Sessions Judge, Gwalior dated 15.09.1980.
The prosecution story is that on 30th September, 1979 Meharban Singh, A1 invited Prakash deceased , Ram Gopal, PW1 and Narayan, PW5 for dinner in companynection with the last rite thirteenth day ceremony of his father.
Their trial was separated from the other three accused.
Defence tried to elicit this information by summoning Dak Book from the police station and examined Constable Satish Kumar Mishra as DW1 but the said witness did number bring the Dak Book and stated that the same was number traceable.
A3 died during trial AND A6, who is companyvicted, has number preferred any appeal.
Jandel Singh, A7 has filed Criminal Appeal No.
