BRIJRANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Five accused - Chuttia, Gulab, Vrindavan, Brijrani and Jagat Singh - were tried in Sessions Trial No. 72/85 by the IIIrd Additional Sessions Judge, Damoh and convicted and sentenced to undergo RI for life for offences punishable under Sections 302/149, IPC. Further accused Nos. 1-4 were convicted under Section 148, IPC and sentenced to undergo RI for one year. Accused No. 5 was convicted under Section 147, IPC and sentenced to undergo RI for one year. Accused Nos. 1-4 were also convicted under Section 324, IPC and sentenced to undergo RI for one year. Accused Nos. 2, 3 and 5 were also convicted under Sections 324/149, IPC and sentenced to undergo RI for one year. All the sentences were ordered to run concurrently. On appeal, the High Court, by the impugned judgment, acquitted accused Nos. 1, 2 and 5 of all the charges levelled against them and convicted accused No. 3-Vrindavan and accused No. 4-Brijrani for offences punishable under Sections 302/148 and 324, IPC and sentenced them to undergo RI for life and RI for one year respectively. The sentences were ordered to run concurrently. Accused-Vrindavan chooses not to prefer an appeal against his conviction. Accused-Brijrani, who is the appellant before us, is the mother of accused-Vrindavan.

(2.) Briefly stated, the facts are as follows: On 17-5-1985 when the deceased Rajaram was proceeding towards the village (Hintoli-Bari) with a bucket to fetch milk, he stopped on the way and had some talk with accused Chuttia. Then all of a sudden, he was assaulted with Pabbal (Sabbal) from behind by accused Vrindavan, son of accused Chuttia; and accused Brijrani, wife of Chuttia and mother of Vrindavan. Deceased Rajaram tried to run away but the accused chased him. Accused Vrindavan and accused Brijrani dealt farsa blows while other accused dealt blows on him with their lathis. On being alarmed by the cries of Rajaram, PW-4-Siyarani, who is the wife of deceased Rajaram, rushed to the spot to rescue her husband but she also sustained a farsa blow on her head dealt by the accused Vrindavan and sustained another farsa blow on her hand dealt by accused Brijrani as a result of which she fell down. FIR (Ex. P-1) was lodged promptly at 9 a.m. on the same day in which all the particulars have been mentioned. PW-17-V. K. Jain (I.O.) immediately reached the spot and started investigating the case. After holding the inquest report (Ex. P-21), he seized the bucket and pair of shoes belonged to the deceased (Ex. P-11). He also seized samples of plain and bloodstained earth and two pieces of bone (Ex. P-12). A bloodstained farsa was seized from Brijrani vide Ex. P-16 on 17-5-1985. On 18-5-1985, a tabbal was seized from accused Vrindavan. We are not mentioning the full particulars of the seized articles from the possession of other accused as they are not before us, as noticed above.

(3.) PW-12, Dr. V. P. Brijpuriya conducted postmortem examination on the body of the deceased Raja Ram on 17-5-1985 and found following eleven incised wounds of various dimensions.