CHANDRA PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) FACTUAL ASPECTS : This is an appeal by accused no. 2 who has been convicted by the High Court for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (for short, 'IPC'). The appellant was also convicted for the offence punishable under Sec. 201 of IPC. For the first offence, he was sentenced to undergo life imprisonment. For the second offence under Sec. 201 of IPC, he was sentenced to undergo rigorous imprisonment for five years.

(2.) There were 17 accused prosecuted for the offence of triple murder. Out of 17 accused, the Trial Court acquitted accused nos. 3 to 8, 10, 13, 15 and 17. The Trial Court convicted accused nos. 2, 9, 11, 12, and 16 for the offence punishable under Sec. 302, read with Sec. 148 and 149 and Sec. 201 of IPC. Accused nos.1 and 14 were convicted for the offence punishable under Sec. 302 read with Sec. 148 of IPC. The Trial Court did not frame a charge against any accused for the offence punishable under Sec. 302 read with Sec. 34 of IPC. The High Court acquitted accused nos. 9, 11 and 12.

(3.) The allegation was of the triple murder of Uma Prasad, Vinod Kumar and Munau @ Anant Kishore Khare. According to the prosecution case, on 2/6/1987, Vinod Kumar had taken his brother Munau to village Naugaon by scooter for medical treatment. As they did not return till 5 pm, Uma Prasad Khare (deceased), who was the father of Vinod Kumar Khare and Munau, deputed Naval Kishore (PW-1) and Manua Chammer (PW2-) to search his sons. PW-1 Naval Kishore was the nephew of Uma Prasad. Even Uma Prasad proceeded to search Vinod Kumar and Munau Khare. When they reached Hanuman temple, they saw the accused gathered near the temple with firearms and other arms like farsa, axe and ballam. The appellant - accused no.2 and accused no.16 were armed with a spear. The role ascribed to accused nos.2 and 16 is that they stopped Uma Prasad. As a result, he fell off his bicycle. According to the prosecution case, accused nos. 3, 5 and 7 (acquitted) exhorted the other accused to chop Uma Prasad into pieces. Accused nos. 7, 9 and 11 (acquitted) pointed their guns at PW-1 Naval Kishore and PW-2 Manua and told them not to interfere. The act of assaulting and killing Uma Prasad was allegedly done by accused no.1 and accused no.14.