State Of M.P vs Sugar Singh & Ors

REPORTABLE

IN THE SUPREME COURT OF INDIA

INHERENT JURISDICTION

CURATIVE PETITION(CRL.)NOS.7-8 OF 2009 IN REVIEW PETITION (CRL.)NO.D 37915 OF 2008 IN CRIMINAL APPEAL NOS.1362-1363 OF 2004

STATE OF M.P. ... PETITIONER(S)

VERSUS

SUGAR SINGH & ORS. ... RESPONDENT(S)

AND CUR.PET.(CRL.)NO.D 6924/2009 IN R.P.(CRL.)D 37915/2008 IN CRL.A.NOS.1362-1363/2004

O R D E R

The Sessions Judge, Shivpuri in the State of Madhya

Pradesh tried eight accused persons for the offence under Section

302 read with Section 149 of the I.P.C., Section 326 read with

Section 149 of the I.P.C. and other allied offences. All the

accused were found guilty of the offences charged against them and

for the main offence punishable under Section 302 read with Section

149 of the I.P.C. all were convicted and sentenced to undergo

imprisonment for life and for the remaining offences they were

sentenced to undergo rigorous imprisonment. The accused persons

preferred two appeals before the High Court of Judicature of Madhya

Pradesh, namely, Criminal Appeal Nos.242/1991 and 253 of 1991. The

Division Bench of the High Court of Madhya Pradesh by its judgment

dated 3.1.2003 set aside the conviction and sentence imposed

against the accused who were the appellants before it. Aggrieved

by the same, the State preferred Criminal Appeal Nos.1362- 2

1363 of 2004. Though there were eight accused persons, only four

accused were arrayed as party respondents in the said appeals

namely, Sughar, Laxman, Onkar and Ramesh. Other accused, namely,

Bhoja, Raghubir, Puran and Balbir were not impleaded as

respondents in these Criminal Appeals and consequently notices were

not issued to them. This Court, by judgment on 7 th November, 2008 in

the aforesaid Criminal Appeals, reversed the acquittal of the

accused by the High Court and found them guilty of the offences

punishable under Section 304 Part-II read with Section 149 of the

I.P.C. and sentenced them to undergo imprisonment for a period of

six years. The conviction of the accused for the offences punishable

under Section 148 as also Section 326 read with the Section 149 of

the I.P.C. and the sentence imposed by the Sessions Court in regard

to the said offences was upheld by this Court.

We have heard learned counsel for the petitioners. The

respondent State, though served with a notice through standing

counsel, has not chosen to enter appearance.

These Curative Petitions have been filed by accused No.2

(Raghubir) and by accused no.4 and 5 (Sughar Singh and Laxman) on

the ground that acquittal of Bhoja, Raghubir, Puran and Balbir have

been reversed without affording an opportunity of being heard. We

see that there is serious violation of principles of natural justice

as the acquittal of all the accused has been set aside even though

only four of them were made respondents before this Court and the

others were not heard. We are, therefore, constrained to recall the 3

judgment passed by this Court in Criminal Appeal Nos.1362-1363 of

2004 on 7th November, 2008.

Consequently, the accused Sughar Singh, Laxman, Onkar and

Ramesh, if they are in custody, are directed to be released

forthwith.

In the result, these Curative Petitions are disposed of

and the Criminal Appeal Nos.1362-1363 of 2004 are restored to the

file for being heard afresh with a direction that the other four

accused (Bhoja, Raghubir, Puran and Balbir) be impleaded as

respondents and all accused be served with fresh notices.

..................CJI (K.G. BALAKRISHNAN)

...................J. (S.H. KAPADIA)

...................J. (ALTAMAS KABIR)

...................J. (R.V. RAVEENDRAN)

NEW DELHI;

9TH MARCH, 2010