The Supreme Court decision on the appellant finding guilty for the commission of offences punishable under Sections 148, 302 read with Section 149.
The Supreme Court decision on the appellant finding guilty for the commission of offences punishable under Sections 148, 302 read with Section 149.
Title : BALARAM v. STATE OF MADHYA PRADESH
Case no. : C .A No. 2300/2009
CORAM : Hon’ble Justice Chandrachud
Date : 8 Nov 2023
Introduction
This appeal challenges the judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Jabalpur, Bench Gwalior in Criminal Appeal No.276 of 1995 thereby dismissing the appeal filed by the present appellant as well as Rameshwar (since deceased) and confirming the judgment and order passed by the learned Special Judge and Second Additional Sessions Judge, Bhind passed in Sessions Trial No.70 of 1984.
Fact of the Case
The prosecution case that Rameshwar (since deceased), appellant-Balaram, Uma Charan and Munna had come there after ten minutes of stopping of the cart, accused-Rameshwar fired the first shot and it hit Ashok in his chest. Thereafter, another shot was fired by accused Uma Charan, which hit Ashok as a result of firing, Ashok had become unconscious and was brought to Mau on cart. Pannalal reported the in the arms and thereafter, the third shot was fired which hit Ramkali (PW.5) in her right thigh. incident to the police based on which an FIR came to be lodged initially for an offence punishable under Section 307 of the Indian Penal Code (for short ‘IPC’). Following the death of Ashok, the case was converted to one under Section 302 of the IPC.
Judgment and Analysis
Shri Chandrachud submits that, on the basis of evidence, the learned Trial Judge has acquitted four accused persons. He further submits that, though the evidence of PW.5-Ramkali and PW.6-Mulchand has specifically attributed a gunshot to Uma Charan, their evidence has been disbelieved insofar as Uma Charan is concerned. However, on the basis of the very same evidence, the appellant-Balaram has been convicted. It is submitted that, from the testimony of the other witnesses it would be clear that the appellant-Balaram was not even present at the spot and he has been falsely implicated.
The order of conviction and sentence as recorded by the learned Special Judge and Second Additional Sessions Judge, Bhind and the order of the High Court are quashed and set aside. The appellant is acquitted of the charges charged with. He is directed to be set at liberty forthwith, if his detention is not required in any other case.
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Written by Nimisha Sunny