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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-

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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 7th 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

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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