MP Hight Court Sets Aside Private Firm Labourers' Conviction

Jabalpur (Madhya Pradesh): The Madhya Pradesh high court has set aside the conviction of the labourers (appellants) of a private firm for rioting and causing injuries etc., on finding that the prosecution utterly failed to establish the case against them beyond reasonable doubt.

Justice Sanjay Dwivedi said the sessions court “finding cannot be said to be based upon proper appreciation of evidence”.

“Therefore, the findings which are seemingly perverse cannot be allowed to stand”, the court said.

“Thus, the impugned judgment dated November 26, 2021 is set aside in respect of the appellants”, the court said.

The appellants were on bail and their bail bonds shall stand discharged, the court ordered.

“The conviction and sentence awarded by the trial court is not sustainable in the eyes of law”, the court said.

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Shambhucharan Dubey, Rakesh Dahiya and Anil Pandey filed the criminal appeal against the sessions court order of November 26, 2021.

As per the prosecution’s case, an FIR was lodged on December 23, 2012 at 5 PM at the Kolgawan police station in Satna district against 12 known and 350 unknown persons.

On December 12, 2012, the labourers of the factory in Satna went on strike under Shambhucharan Dubey, Pappu Pandey and Kanhaiya Singh for fulfillment of their various demands like  regularisation, bonus, gratuity and attempts were made by the management of the factory to make them call off the strike.

It was alleged that on December 23, 2012 at about 5 PM, Shambhucharan Dubey, co-accused Kanhaiya Singh and Pappu Pandey along with 250 labourers forcibly entered through the factory gate, which caused a law and order situation. The police used tear gas to disperse the agitators, which led to a stampede and stone pelting, vehicles were set on fire and property of the factory damaged.

The appellants’ senior advocate Shashank Shekhar argued that there was nothing on record to indicate the appellant Dubey provoked the mob.

As per the statement of the doctor, no external or internal injuries were found on the body of any of the said victims, nor had employees or functionaries of the management reported any damage to the building or any article set on fire by the agitators, the senior advocate said.