JAIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under S. 379, Cr. P.C. read with S. 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. There are eight appellants. They were tried for offences punishable under Ss. 148, 302/149, 324 and 447, IPC. The trial court acquitted all of them. The State preferred an appeal and a Division Bench of the High Court reversed the order of acquittal and convicted all of them under S. 302/ 149, IPC and sentenced each of them to undergo imprisonment for life and under S. 324/ 149 sentenced to two years R.I. The sentences were directed to run concurrently. The prosecution case is as follows:

(2.) One Bhagwandas Soni, the deceased in the case was a resident of Village Kanchari. All the accused persons except Harisingh are also resident of the same village. The material witnesses also belong to the same village. The deceased was involved in many cases. There were disputes between them. It is alleged that Bhagwandas Soni was beaten. On 15-10-72 the day of occurrence, P.W. 1 Tulsiram was sitting in his Bada on a cot in front of his house. His brother Radheyshyam P.W. 2 was also sitting and they were making bidis. All of a sudden, A-1 came there armed with a double barrel gun and other accused persons came there armed with Katarnas, sticks etc. and accused Harisingh was armed with a sword. A-1 fired a gun shot towards P.W. 1 who cried for help. At this his elder brother Bhagwandas Soni the deceased ran out of the house. A-1 again fired a second shot on the deceased who fell down. Then father and mother of Tulsiram, P.W. 1 also came out of the house. Then all the accused persons ran away. The deceased who received injuries was alive but was not speaking. Then one Sita Ram, P.W. 25 and others got a bullock-cart and started taking away the deceased to Narayaili. The said cart was being driven by P.W. 25. Ramwatibai, P.W. 10, the mother of the deceased was also sitting in the cart. Harisingh, P.W. 2 was walking behind the cart. Then all the accused again came near the part and A- 1 said that the deceased was alive and he should be finished. So saying he fired the gun and P.W. 3 received some injuries. It is then alleged that the deceased was pulled out from the bullock-cart and was thrown on the ground and he was attacked with Farsa, Katarna etc. and with a sword by Harisingh accused. P.W. 10 tried to save her son but she was also. struck on the leg by katarna. Thereafter they cut the hand of Bhagwandas Soni, the deceased and took away the same.The accused thereafter ran away from the scene of occurrence. P.W. 1, TuIsirarn went and gave a report to the police. P.W. 26, the Investigating Officer registered the crime and sent the dead body for post-mortem. The Doctor, who conducted the post-mortem on the body of the deceased, found as many as 24 injuries. Out of them injuries Nos. 21 to 24 were gun-shot injuries. The rest were all incised wounds. He examined the severed hand which was produced before him in a decomposed condition after two days. He opined that it was the one that was severed from the body of the deceased. On internal examination he found that the parietal bone was fractured and many gun-shots wounds on the left chest wall and heart was injured and the abdomen was also injured because of the gun-shots injuries. On P.W. 10 the Doctor found two incised injuries on the left leg and on Vinod, P.W. 3 the Doctor found two gunshot injuries. After completion of the investigation the charge-sheet was laid.

(3.) The accused pleaded not guilty. A-1, however, stated that he and A-5 were going on the road in front of the house of P.W. 1 to their fields. A- 1 was armed with a gun as usual and when they were in front of the house of P.W. I and Bhagwandas Soni, the deceased called A-5 by name and asked him why he had not left the service of A-1 A-5 said that he would not leave his service. Thereupon the deceased attacked A-5 with katarna and P.W. 1 assaulted him with a lathi. On this A- 1 enquired as to why he was assaulting his servant A-5 and the deceased said that he should not intervene. When A-1 again intervened the deceased proceeded towards A-1 to assault him with katarna. Thereupon A- I fired into air. Even then the deceased and P.W. 1 did not heed and proceeded towards him and to save his own life he fired towards them and the deceased fell down on the road in front of his house. Then both of them went away to the field. The remaining accused denied their presence at the scene of occurrence and stated that they have been falsely implicated.