STATE OF MADHYA PRADESH Vs. CHAMRU ALIAS BHAGWANDAS

JUDGEMENT

(1.) Challenge in these appeals is to the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Jabalpur directing acquittal of the respondents. The Trial Court had found the accused Chamru guilty of offences punishable under Sections 302, 307 and 324 of the Indian Penal Code, 1860 (in short the IPC). He was awarded death penalty for the quadruple murders. Accused Geetabai was awarded life imprisonment for offence punishable under Section 302 read with Section 34 IPC along with sentence of fine. They were both sentenced to ten years rigorous imprisonment and three years rigorous imprisonment on the other two heads of charge along with various sums of fine. Both accused challenged their conviction and sentence and filed appeals. The Trial Court made a reference to Section 366 of the Criminal Procedure Code, 1973 (in short the Code) for confirmation of the death sentence. The High Court found the prosecution version to be not cogent and credible and directed acquittal. It may be noted that there was a gruesome murder of four persons. Two of them were minors. Though the High Court was conscious of this fact, yet, it found the evidence of the witnesses to be not credible and cogent and, patently unreliable and, therefore, directed acquittal.

(2.) The prosecution version in a nutshell is as follows: Sometime prior to this incident, deceased Ramkishan and his wife deceased Anita were given three acres of land by the latters father Sevaklal (PW-5). Since then Ramkishan lived in the farmhouse along with his wife and four minor children, namely, eldest son Kapil, aged about 12 years, daughter Keerti, Son Bantu and the youngest child Preeti, aged about 7 years. This land was earlier cultivated by Gendalal, the father-in-law of Sevaklal (P. W. 5) and after the death of Gendalal, his sons Mangdu and his wife accused Geetabai continued in possession. These fields were later taken back from Mangdu by Sevaklal and out of it, 3 acres were given to his daughter deceased Anita and one acre was given to Gendalals widow, who sold it off for her daughters marriage. This had enraged Geetabai and her husband who used to abuse Anita and her husband Ramkishan. After her husbands death Geetabai had developed friendly relations with accused Chamru, and the two of them perpetrated this dastardly crime in furtherance of their common intention.

(3.) Both accused Chamru and Geetabai went to the house of Ramkishan at the dead of night and Chamru hacked Ramkishan, his wife and children one by one while they were sleeping in their courtyard. Two of the children namely, Keerti (P.W.3) and Bantu (P.W.7) were badly injured, but they could be saved after prolonged hospitalisation. These two children, and Ramkishans niece Indu Patel (PW-8) who was on a visit to his place, are said to have witnessed the crime.