RAMMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A manslaughter in an automobile in locomotion is the subject-matter of this case. The slaughtered man was a Home Guard personnel, by name Sardar Singh Thakur. When he boarded the bus destined to Naseerabad on the evening of 20-7-1985, he had no forboding that it was his last journey alive. Before the bus could reach its terminus he was finished by armed assailants inside the vehicle while it was in motion. Appellants (Rammi alias Rameshwar and Bhura alias Sajjan Kumar) were two of the three persons arraigned before the Sessions Court. Though the Sessions Judge acquitted all of them a Division Bench of the High Court of Madhya Pradesh convicted the two appellants under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life. The third accused (Suresh alias Chigga) died before the appeal was decided by the High Court. These appeals were filed by the two convicted persons as of right under Section 379 of the Code of Criminal Procedure (for short 'the Code') and under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

(2.) The story of the prosecution, as revealed through evidence, can be summarised like this: One Channa Babu (brother of appellant Rammi and late Chhigga) was murdered for which the police charge-sheeted Sardar Singh Thakur (the deceased in this case) and his brother Shyam Singh (PW-3 in this case) and a few others. From then on these accused were thirsting for revenge for the murder of Channa Babu. They were prowling for an opportune opportunity to strike back. In such a background accused came to know that Sardar Singh Thakur was travelling in a bus. Accused wanted to avail themselves of the opportunity and boarded the bus on the way. After the vehicle moved for some distance the assailants mounted the attack on the deceased with chopper and knives.

(3.) The assailants inflicted as many as 12 incised injuries on Sardar Singh Thakur. Those who tried to intervene were told by the assailants to mind their own business as the attack was intended for a revenge. After accomplishing the object all the assailants alighted from the vehicle and escaped from the scene. The passengers of the bus became frightened and most of them jumped out of the vehicle and ran helter-skelter.