VIRAM @ VIRMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These Criminal Appeals are directed against the judgment of the High Court of Madhya Pradesh at Gwalior by which the conviction of the Appellants under Sections 147, 302/149, 325/149, 324/149, 323/149 and their sentences were upheld. On the oral report given by Solal son of Girdhari (PW-10), FIR No.48 of 1995 was registered at Police Station Kumbhraj, Guna, Madhya Pradesh. The informant Solal son of Girdhari stated that Babulal Lodha son of Prabhulal Lodha and Shankarlal (PW-11) had an altercation with Shriram and others during the day time on 19.08.1995. After sunset, Shriram Sarpanch, Biram, Devlal, Gyarasiram, Shrilal, Gangaram, Kamarlal, Ramesh, Nathulal, Laxminarayan, Sholal son of Gopal Lodhi, Kanhaiyalal, Moolchand, Navneet Ram, Daula, Bhima, Hiralal, Dhurya, Bansilal, Hazari, Parmanand, Bala Bux son of Balram, Ram Narayan Lodha armed with farsa, lathi, ballam, spear and sword attacked Shankarlal (PW-11) and Babulal Lodha. The informant along with Rodibai (PW-1), Shantibai (PW-2), Pana Bai (PW-4), Babulal S/o Girdhari (PW-6), Bala Bux (PW-7), Panchulal (PW-8) and Kesharbai (PW-9) rushed to rescue Shankarlal (PW-11) and Babulal son of Prabhulal Lodha. Shriram, Devlal, Gyarasi, Shrilal, Kamarlal, Ramesh @ Barya, Nathulal, Sholal son of Gopal Lodhi, Kanhaiyalal, Daula @ Daulatram, Bhima, Hira Lal, Hazari, Parmanand, Bala Bux son of Balram, Ramnarayan, Laxmi Narayan and Viram @ Virma assaulted the informant and others who reached the place of incident with farsa, spear and sword and inflicted injuries on their heads, legs, back and other parts of the body. The Appellants were charged under Section 302 and 324 IPC, alternatively under Sections 147, 302/149, 324/149, 329/149 IPC. There were a total of 21 accused apart from the two juveniles Ram Narayan and Kanhaiya Lal. 14 witnesses were examined on behalf of the prosecution.

(2.) On a consideration of the evidence adduced by the prosecution, the Trial Court held the accused guilty of committing offences under Section 147, 302/149 for committing murder of Babulal and under Sections 325/149, 324/149, 323/149 for voluntarily causing hurt to Rodibai (PW1), Shantibai (PW-2), Pana Bai (PW-4), Babulal S/o Girdhari (PW-6), Bala Bux (PW-7), Panchulal (PW-8) and Kesharbai (PW9), Solal son of Girdhari (PW-10) and Shankarlal (PW-11). The accused were sentenced to life imprisonment for the offence punishable under Section 302 read with 149 IPC, 3 years rigorous imprisonment under Section 325/149, 2 years rigorous imprisonment under section 324/149 and six months for each count under Section 323/149 IPC. The Trial Court noticed that except Shankarlal (PW-11), the other witnesses reached the place of occurrence after the accused assaulted Babulal son of Prabhulal and Shankarlal. However, the Trial Court found that the oral testimony of Shankarlal (PW-11) is creditworthy and there is sufficient corroboration from the ocular evidence of the other injured witnesses. The Trial Court observed that the inconsistencies in the testimonies of the injured eye-witnesses are trivial and their evidence cannot be rejected on that ground. According to the Trial Court, a cumulative reading of the oral testimony of the injured eyewitnesses conclusively proved that the accused inflicted a fatal injury on the head of the deceased Babulal. The injury certificates and the oral testimonies of Dr. A.D. Bhindurkar (PW-13) and Dr. Sitaram Singh (PW-15) was scrutinized by the Trial Court and the submission on behalf of the defence that there is a contradiction between the ocular testimony of the witnesses and the medical evidence was rejected.

(3.) The High Court dismissed the appeals filed by the Appellants by holding that there was no error committed by the Trial Court. The discrepancies in the statements made by the witnesses in Court were held to be minor in nature on the basis of which the Appellants cannot be said to be not guilty. The attack made by all the accused on the deceased Babulal and the injured witnesses has been narrated by them in one voice, though with some minor variations.