), AIR2022 SC 2631 , 2022 (120 ) ACC 939 , 2022 (2 ) ALT (Crl.) 379 (A.P.), 2022 (3 )BomCR(Cri)230 , 2022 (2 )Crimes319 (SC ), 2022 (3 )CriminalCC388 , 2022 (3 ) Him. LR. (NULL ) 1915 , 2022 INSC 637 , 2022 (4 )JKJ141 [SC ], 2022 (3 )JLJ1 , 2022 (III )MPJR(SC)115 , 2023 (1 )N.C.C.193 , 2022 (3 )RCR(Criminal)381 , (2022 )7 SCC157 , [2022 ]6 SCR737 , 2022 (3 )ShimLC1298 , ,MANU/SC/0752/2022
B.R. Gavai#Hima Kohli#226SC3020Judgment/OrderAIC#AIR#Allahabad Criminal Cases#ALT (Criminal)#BomCR-CriV#Crimes#CriminalCC#Him. LR.#INSC#JKJ#JLJ#MANU#MPJR#NCC#RCR (Criminal)#SCC#SCR#ShimLCB.R. Gavai,SUPREME COURT OF INDIAAssault#Conviction under#Falsus in Uno Falsus in Omnibus#First Information Report#Life Imprisonment#Medical Evidence#Post-Mortem Report#Rigorous Imprisonment2022-6-615947,16125,15948 -->
MANU/SC/0752/2022
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 764 and 765 of 2021
Decided On: 03.06.2022
Appellants: Mahendra Singh and Ors. Vs. Respondent: State of M.P.
Hon'ble Judges/Coram:
B.R. Gavai and Hima Kohli JUDGMENT
B.R. Gavai, J.
1. Both these appeals, i.e., Criminal Appeal No. 764 of 2021, filed by Mahendra Singh (Accused No. 3), Pritam Singh (Accused No. 4) and Shambhu Singh (Accused No. 9); and Criminal Appeal No. 765 of 2021, filed by Lakhan Singh (Accused No. 11), challenge the judgment dated 6th August, 2019, delivered by the Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior, in Criminal Appeal No. 317 of 2000, thereby dismissing the appeal filed by the present Appellants and upholding their conviction Under Sections 148 and 302 read with Section 149 Indian Penal Code and imposing the sentence of one year rigorous imprisonment Under Section 148 Indian Penal Code; and life imprisonment and a fine of Rs. 5,000/- each Under Section 302 read with Section 149 Indian Penal Code and, in default of payment of fine, sentence of rigorous imprisonment for a period of two years.
2. The facts, in brief, giving rise to the present appeals are as under:
3. The investigation in the present case was set in motion on the basis of the oral report of Amol Singh (P.W.6), on the basis of which a First Information Report ("FIR" for short), Exhibit P-7, came to be registered. It is stated by Amol Singh (P.W.6) in the FIR that on 12th June, 1994, when he was returning from Basoda, he had met his brother Bhagat Singh (deceased) at about 6:00 pm and had also met Akhe Singh (PW-4). He further stated that they boarded a bus from Nayi Sarak till Chak Ranapur. After reaching Chak Ranapur, they walked towards their village Budhor. At about 7.00 p.m., when they reached village Ratanpur, he was walking ahead, followed by Akhe Singh (PW-4), who in turn, was followed by Bhagat Singh, he heard the cries of his brother Bhagat Singh and when he turned, he saw Shambhu Rajput hitting Bhagat Singh with a ballam; Accused Santosh, Lakhan, Mahendra and Pritam had also assaulted Bhagat Singh with ballam, causing injury on front side of the body; Accused-Padam Singh had hit Bhagat Singh with a rod; Accused-Dashrat Singh had assaulted Bhagat Singh with a lathi on his head and three others hit Bhagat Singh with sticks. He further ........