SHANKER Vs. STATE OF MADHY PRADES

JUDGEMENT

(1.) These appeals by special leave are directed against the judgment dated 12th September, 2007 passed by the High Court of Madhya Pradesh, at Jabalpur in Criminal Appeal Nos. 315, 316, 333 and 590 of 1999, whereby the High Court dismissed the criminal appeals filed by the appellants herein and affirmed the order of conviction and sentence passed by the trial Court against them.

(2.) Brief facts of the case, according to the prosecution, are that on 8th May, 1998 one Sanjay Sorle was attending a marriage at Bharveli village. While the ceremonials were underway, one Deepak with two others arrived there on motorcycle. An altercation had taken place between Sanjay Sorle and the motorcyclists. Deepak, while leaving that place, threatened Sanjay Sorle and went away. After that, he came back to the marriage venue at about 10.30 p.m. on a bullet motorcycle with Gudda @ Shivshanker, Shiv, Suresh (appellant herein) and Shanker (appellant herein) and took away Sanjay Sorle from the venue to the road and assaulted him. Altogether 11 persons were allegedly involved in the crime. Gudda had inflicted injuries with knife, Shiv with Gupti while Shanker and Suresh i.e. appellants herein attacked him by giving fist blows. The injured Sanjay Sorle was taken to police station at Bharveli and lodged the F.I.R. at 11 p.m.

(3.) Upon registering the same as Crime No. 54/98, police sent the injured Sanjay Sorle to the District Hospital at Balaghat for treatment, where he was declared dead. After conducting inquest (Ext.P3), dead body of the deceased was sent for postmortem, statements of witness were recorded, site map has been prepared by Patwary (Ext. P5) as well as police (Ext.P24). Accused were arrested and at the instance of accused Shivshankar, Manoj, Dwarka and Shivkumar knives and other incriminating material have been seized. Bullet motorcycle, allegedly rode by the accused, has also been recovered from the possession of accused Chokhu @ Sudhanshu (Ext. P9). Other things such as bloodstained soil, normal soil and clothes of deceased were seized and sent for expert examination. Charges were levelled against five accused persons i.e. Manoj, Baburao, Deepak, Gudda @ Shivshanker, Shanker and Dwarka @ Dan under Sections 148 and 302/149, IPC. In addition to those charges, accused Rupesh, Chokhu @ Rakesh, Suresh, Shiv Kumar and Dablu @ Sudhanshu were additionally charged for the offence punishable under Section 3(2)(5) SC & ST Act, 1989. The accused denied the charges, pleaded to have been falsely implicated and claimed to be tried.