Trial court must complete judgment on all charges after convicting for one murder under Section 302/149 IPC

MP HC disposed of appeal by remanding matter to trial court for completing judgment. Trial court had convicted appellant for murder of one victim under Section 302/149 IPC but failed to adjudicate charges for murder of second victim and attempted murder of third victim under Sections 302/149 and 307/149 respectively. HC held that despite no state appeal, it could exercise powers under Section 482 CrPC to remand for completing incomplete judgment. Court clarified evidence from co-accused's separate trial could not benefit appellant and appeal constitutes continuation of trial allowing appellate court to reappraise evidence.

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Issues Involved:
1. Reliability of witnesses.
2. Completeness of the Trial Court's judgment.
3. Appellate Court's powers and procedures.
4. Remand and directions for re-judgment.
5. Administrative inquiry into judicial conduct.

Issue-wise Detailed Analysis:

1. Reliability of Witnesses:
The Appellant challenged the reliability of Bhanupratap Singh (P.W.1) and Ajab Singh (P.W.2), arguing they were unreliable, related, and interested witnesses. The Appellant pointed out discrepancies between their testimonies and the medical evidence, such as the presence of rigor mortis indicating earlier deaths and the inconsistency in the number of gunshots fired. Additionally, the Appellant noted contradictions in Bhanupratap Singh's statements regarding the retrieval of Kedar's white shirt.

2. Completeness of the Trial Court's Judgment:
The High Court found the Trial Court's judgment incomplete. The Trial Court convicted the Appellant under Section 302/149 IPC for the murder of Pahalwan Singh and under Section 307/149 IPC for attempting to kill Bhanupratap Singh (P.W.1). However, it did not provide findings on the charges under Section 302/149 IPC for the murder of Darshan Singh and Section 307/149 IPC for the attempt to kill Ajab Singh (P.W.2). The judgment was silent on these counts, rendering it incomplete.

3. Appellate Court's Powers and Procedures:
The High Court referenced the Supreme Court's rulings in Karan Singh vs. State of M.P. and A.T. Mydeen vs. The Assistant Commissioner, Customs Department, emphasizing that evidence from one trial cannot be used to determine the culpability of an accused in another trial. The High Court reiterated that each case must be decided based on its evidence, and the appellate court's power is confined to the evidence available in the trial court's record.

4. Remand and Directions for Re-judgment:
The High Court decided to remand the case to the Trial Court for writing a complete judgment regarding the charges under Section 302/149 IPC for Darshan Singh's murder and Section 307/149 IPC for the attempt to kill Ajab Singh (P.W.2). The High Court directed that the findings related to the charges for Pahalwan Singh's murder and the attempt to kill Bhanupratap Singh (P.W.1) remain untouched. The Principal District and Sessions Judge, Bhind, was instructed to assign the case to a different Additional Sessions Judge.

5. Administrative Inquiry into Judicial Conduct:
The High Court ordered an administrative inquiry into whether the Presiding Judge was negligent or influenced by extraneous considerations in passing the incomplete judgment. The District Judge (Inspection), Gwalior, was tasked with conducting this inquiry and reporting to the Chief Justice for potential administrative action.

Conclusion:
The High Court set aside the incomplete judgment and sentence dated 9-7-2021 by the 1st Additional Sessions Judge, Gohad, Distt. Bhind, and remanded the case for limited purposes. The Appellant was ordered to remain in jail, and the Trial Court was directed to complete the judgment within three months. The High Court also mandated an administrative inquiry into the Presiding Judge's conduct, to be completed within two months. The Criminal Appeal was disposed of accordingly.

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