VISHRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) There are six appellants. They along with one Khaman were tried for the offences punishable under Sections 148 and 302, I.P.C. for committing the murder of Chandra Shekhar and his brother Kamal Kishore. The trial Court convicted the appellants herein and sentenced each of them to undergo two years' R.I. and life imprisonment respectively. The trial Court, however, acquitted Khaman as his name was not mentioned in the dying declarations. The appeal filed by the appellants was dismissed by the High Court. Hence the present appeal.

(2.) The prosecution case is that all the accused, the two deceased and the material witnesses P.Ws 1 to 5 belong to Village Gidpuri in Bilaspur District. There are two residential colonies called Mahal No. 1 and Mahal No. 2. The distance between the two Mahals is about a furlong or two. The two deceased persons were the sons of P.W. 1 Bhagwati Prasad who lives in Mahal No. 2. The appellants live in Mahal No. 1. The appellants were breeding cattle. A week before the day of occurrence, the cattle belonging to Khaman, the acquitted accused, trespassed into the field of P.W. 1. Chandra Shekhar, one of the deceased persons, wanted to take the cattle to the cattle-pond but Khaman requested him to release the cattle and said that lie would pay Rs. 40/- as compensation for the damage done to the crops. When Khaman did not come with the money, he was sent for and he was brought to Chandra Shekhar. On demand of compensation being made, Khaman said that a panchayat was being convened in Mahal No. 1 and that he would get the compensation determined through Panchas. Thereupon in the early morning of 21-11-79. Chandra Shekhar, the deceased accompanied Khaman. The appellants were waiting for Chandra Shekhar to come. As soon as he came they opened an assault on him and attacked him with lathis. When he was running he was chased and Chandra Shekhar took shelter in the house of P.W. 2 Thanuram. But the appellants forced their entry into the house and beat Chandra Shekhar severely who became unconscious and died after an hour. Kamal Kishore, the other deceased and brother of Chandra Shekhar who followed him, saw his brother being beaten and he tried to intervene. The appellants also attacked him and injured him seriously. The incident was witnessed by P.W. 2 Thanuram and his wife P.W. 3. P.W. 1 who was out of the village returned at about 8 a.m. and asked his wife where his sons had gone. P.W. 5 wife of Kamal Kishore told him that Chandra Shekhar had gone to Mahal No. 1 followed soon after by Kamal Kishore and that she learnt of some harm being done to them. Whereupon P.W. 1 rushed to Mahal No. 1 and saw P.W. 2 at his house who told him that Chandra Shekhar had been chased by the appellants and was assaulted by lathis and that Kamal Kishore was also attacked by the appellants. P.W. 1 found Chandra Shekhar lying there unconscious and Kamal Kishore was seriously wounded but could talk. P.W. 1 asked Kamal Kishore as to who the assailants were and Kamal Kishore named the six appellants herein. Chandra Shekhar died soon after. Arrangements were made to shift Kamal Kishore to the hospital at Patharia and he was admitted in the hospital at 11.45 a.m. with multiple injuries. He died in the same evening.

(3.) After getting Kamal Kishore admitted in the hospital, P.W. 1 went to the Police Station and lodged an F.I.R. The investigation was taken up, inquest was held and the dead bodies were sent for post-mortem. The Doctor, who conducted the post-mortem, on the dead body of Chandra Shekhar found three incised wounds on head, one punctured wound on the right fore-arm and multiple contusions on the right hand. The skull was found to be fractured causing his death. Kamal Kishore had three incised wounds on the bead and two lacerated wounds on the temporal and occipital region. Besides, he had multiple contusions and his death was due to cerebral injuries. The accused were arrested and after completion of the investigation, the charge-sheet was laid. The prosecution examined 21 witnesses and the accused pleaded not guilty.