RAMBILAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The High Court as well as the Sessions Court by their concurrent judgments held the appellants in all these criminal appeals guilty of committing the murder of one Deosharan alias Devsaran s/o Bigen and convicted them under Sections 302 and 201, IPC and sentenced each one of them to suffer imprisonment for life on first count and two years RI on second count. Substantive sentences were ordered to run concurrently. These appeals have been filed by the appellants (convicts) through jail.

(2.) Deosharan (since deceased) hailed from village Chirmari and at the relevant time he was staying at the house of Rambilas alias Vilas (A-5). Deosharan was said to be a notorious person and was addicted to liquor and womanizer too. He was said to have married four times and had even eloped with the wife of A-5 for a short period and after returning started living with A-5 only. It was alleged that there was a dispute between Deosharan and his father Bigen (P.W. 1) on one hand and Samarasai (Bigens nephew) on the other. The occurrence took place on 30-5-1985 and on that day "Ganga Dashara" a festival was being celebrated in the said area. The occurrence in question took place late in the evening at about 10.30 p.m. On this festival occasion villagers drink and dance during the night. It is alleged by the prosecution that at about 10.30 p.m. some of the villagers heard the noise of sticks during marpeet and because of this noise the prosecution witnesses, namely, Devsai (P.W. 2), Sitaram (P.W. 3), Sukhnath (P.W. 5), Suddhooram (P.W. 6) and one Ramdin woke up from the sleep and went in the direction of Pondi Bathan Dad from where the noise of marpeet was coming. These eye-witnesses claims to have seen the actual assault caused by the appellants on Deosharan. All these eye-witnesses requested the appellants to spare Deosharan but however, the appellants prohibited them from going near the place where marpeet was going on and threatened them saying that if they feel their lives are precious, go away from the said place. These eye-witnesses further claimed that the appellants told them that they had finished Deosharan. The eye-witnesses who were unarmed returned to the village and broke the news and also went to the house of Sarpanch to apprise him about the incident. The witnesses and some other villagers thereafter went to the place of occurrence but they did not see the appellants as well as the dead body of Deosharan. After returning to the village next day morning these eye-witnesses contacted Bigen (P.W. 1) and informed him about the incident. The FIR was accordingly lodged. During interrogation Bahadur (A-2) made a statement which led to the discovery of the dead body which had been thrown into the tank. The dead body of Deosharan was fished out and after holding the autopsy on the dead body it was sent for post-mortem examination. The other accused persons were also arrested during investigation. After completing the necessary investigation a charge-sheet came to be filed against the appellants under Sections 302 and 201, IPC.

(3.) The appellants denied to have committed any offence and pleaded that they are innocent and have been falsely implicated in the present crime.