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2026-08-17__NEPAL_SINGH_VS_STATE_OF_MADHYA_PRADESH__Crl-A_2239-2240-2026__Diary_23690-2024 202…

2026-08-17__NEPAL_SINGH_VS_STATE_OF_MADHYA_PRADESH__Crl-A_2239-2240-2026__Diary_23690-2024 2026 INSC 869 1 NON-REPORTABLE IN THE SUPREME COURT …

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By Law United Editorial Desk18 August 2026Judgments

2026-08-17__NEPAL_SINGH_VS_STATE_OF_MADHYA_PRADESH__Crl-A_2239-2240-2026__Diary_23690-2024

2026 INSC 869

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.2239-2240 OF 2026

NEPAL SINGH … APPELLANT(S)

VERSUS

THE STATE OF MADHYA PRADESH … RESPONDENT(S)

J U D G M E N T

1. By way of the impugned judgment dated 08.03.2018 in

relation to F.I.R.No.6/1993 registered at police station Hatta,

District Damoh, under Sections 147, 148, 149 & 307 of the

Indian Penal Code, 18601 the accused persons (6 in number) were

charged to face trial. The genesis of the prosecution story being

that on 06.01.1993 the accused persons formed an unlawful

assembly; and with a common object; caused injuries to Gaflu

1 IPC

2

and Bharat Singh. In furtherance thereof, they also committed an

offence of rioting with deadly weapons. As a result thereof ,

Gaflu died.

2. Challan was presented against 11 accused persons in

relation to the very same offence. To establish their case ,

prosecution examined 17 witnesses and eventually the

prosecution failed to prove the case against only some of the

accused. Jhallu, Karodi, Sanju, Ujju @ Ujiyar and Hannu @

Hanumat were acquitted of but the remaining five accused

persons, including appellant Nepal Singh were found guilty of

having committed offences under Sections 148, 324/149 and

302/149 of IPC. One additional co -accused Prakash Pateriya

expired during trial.

3. Noticeably, the State did not prefer any appeal against the

judgment of acquittal of 5 accused amongst 11 accused persons.

However, in the common appeal preferred by the convicts , the

High Court in terms of the impugned judgment, dismissed the

appeal and concurred with the view taken by the Trial Court.

4. Before us it cannot be disputed that Gaflu, died as a result

of the injuries sustained by him, which fact also stands proven on

record through the medical record and more specifically the

deposition of PW-14 Dr. P.D. Kargaiyan.

5. The question that arises for consideration is to who were

involved in the untoward incident.

3

6. The prosecution alleges the convicts as also the persons

acquitted to have been involved in the incident, and to establish

such fact reliance is placed upon the testimony of PW -6 the

alleged eye-witness, who also sustained injuries in the very same

incident, and PW -7 who is the wife of the deceased. The

examination-in-chief part of the testimonies of these witnesses

undoubtedly establishes that the assailants were the perpetrators,

who, without any sufficient cause assaulted the deceased as well

as the eye-witness (PW-6). But, on a careful perusal of the cross-

examination part of the testimonies , we find the m to have

mutually contradicted themselves. These testimonies are full of

embellishments. To our mind they do not inspire confidence at

all. Their depositions are not worthy of credence . Their

testimonies cannot be believed.

7. PW-6 admits that prior to the incident there was a fight

between Ramsewak and Prakash Pateriya, and on some earlier

occasion there was also a quarrel with Harsewak Pateriya and in

that Ravi Singh sustained injuries. He further admits that Gaflu,

being one of the assailants was also named as an accused in the

said incident. Though the police were hunting for his father, but

however he could not be caught. He contradic ts his earlier

version of his mother being pr

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