GIRISH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These three criminal appeals have been filed by the all 8 accused who have felt aggrieved by their conviction and sentence recorded by Additional Sessions Judge, Jabalpur in Sessions Case No. 56 of 1983 by his judgment dated 8th August 1986 convicting them under Section 148 and Section 302 read with Section 149, Indian Penal Code (IPC) and sentencing them respectively to two years' rigorous imprisonment each and imprisonment for life. Sentences were ordered to run concurrently. They have also felt aggrieved by the dismissal of their Criminal Appeal No. 908 of 1986 by a Division Bench of the Madhya Pradesh High Court at Jabalpur on 26th February 1988. Though all the 8 appellants had filed one criminal appeal before the High Court, in this Court they have filed separate appeals by obtaining special leave to appeal. Criminal Appeal No. 318 of 1988 is moved by accused Nos. 6, 7, 8 and 5 respectively. Criminal Appeal No. 501 of 1988 is filed by accused No. 2 while Criminal Appeal No. 63 of 1991 is filed by accused Nos. 1, 3 and 4.

(2.) On 4th September 1982 at about 4.30 p. m., according to the prosecution story, in a narrow lane of Budhaiya Mohalla near Lal Chabutra in the city of Jabalpur, deceased Gudda alias Narayan Tiwari was chased by the appellants-accused and murdered. The appellants Chandu Patel, Ganesh Patel, Bhagwandas Yadav and Girsh Yadav are alleged to have armed themselves with 'bankas', appellant Jaggu Yadav with 'pharsa' and appellants Rajjan Yadav and Rikhilal with iron rods. While deceased Gudda Tiwari was being allegedly chased by these appellants on Mizapur road, he entered a narrow lane to escape but was over-powered by the appellants. The appellants are also alleged to have shouted that 'kill Gudda Tiwari and he should not escape today'. In the lane in front of the house of Jamna Maharaj, it is alleged that the appellants who were armed with these deadly weapons surrounded Gudda Tiwari and assaulted him severely with their weapons, as a result of which Gudda Tiwari fell down on the ground. The incident was witnessed by Indu Tiwari, P. W. 2- younger brother of the deceased who shouted for help but none came forward to save deceased Gudda Tiwari. This incident was also witnessed at the same time by Badri Prasad, P. W. I, Ganesh Patel, P. W. 5 and Balkrishna, D. W. I. When Indu Tiwari, P. W. 2, the younger brother of the deceased, perceived from a distance that Gudda Tiwari had fallen on the ground and appeared to him to be dead, he rushed to Police Station Gohalpur on foot after abandoning his motor-cycle and lodged the First Information Report (Ex. P-1) which was recorded by S. R. Tandon, P. W. 11 who was then posted as Town Inspector. After departure of Indu Tiwari from the scene of the incident, the appellant Vijay Patel who is alleged to have arrived on the scene of the incident, asked other appellants to move away and then threw a bomb towards the fallen Gudda Tiwari. It is alleged that the bomb exploded and whole of the back of the deceased Gudda Tiwari was injured with burns and glass pieces.

(3.) After recording the FIR, the police machinery immediately moved and while S. R. Tandon, P. W. 11 was proceeding towards the place of the incident he perceived that one of the alleged assailants Chandu Patel was proceeding towards the Police Station on a bicycle hence he was apprehended then and there and taken to Police Station. When the police arrived on the scene, a huge excited crowd had gathered there by the time. Shri T. C. Usrey, P. W. 13 prepared a map of the spot (Ex. P-15) and recovered the blood-soaked earth, different parts of a 'bankas' abandoned there and also prepared the inquest report (Ex. P-11) on the spot. Subsequently T. C. Usrey, P. W. 13 sent the dead body of Gudda Tiwari for post-mortem examination. Post-mortem examination was conducted by Dr. A. K. Yadav, P. W. 6 on 5-9-1982 at about 11.15. a. m.