NANKUN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure is directed against the judgment of conviction and order of sentence dated 27th April, 1989 passed in S.T.No.209/86, whereby learned 3rd Additional Sessions Judge, Bilaspur has convicted the appellants under Section 302 read with Section 34 of the IPC and sentenced each of them to undergo life imprisonment. Appellants Pyarilal and Pilidas have also been convicted under Section 323 of the IPC and sentenced to undergo RI for six months. Both the sentences have been directed to run concurrently.

(2.) Case of the prosecution, in brief, as projected in the impugned judgment, are that deceased Dhondhal had encroached on 6.50 acres of grass land of Village- Barapeepar and was cultivating upon the same after developing it. He had sown paddy crop in the year 1985. Accused persons Nankun and Motichand were trying to grab that land after obtaining patta. There was quarrel between them with respect to the same piece of land. On 9.9.1985 appellant Nankun and other 39 persons harvested the paddy crop sown by Dhondhal Satnami. Dhondhal Satnami, his son Babulal, Bedram, Smt. Chamelibai-wife of Babulal, Setmati-wife of Bedram and Smt. Dudhmati-mother of Dhondhal, went there and stopped them. However, they forcefully harvested and carried 20 head load paddy and in the process, they beat Dudhmati, Setmati and Chameli and caused them injury. They also destroyed kabelu (tiles) of their house. While Dhondhal, accompanied by his brother Dauram, was going to Police Station-Dabhra, the accused persons followed them and beat him near Chaitrai Bhata. Babulal (PW-1) and Bedram tried to intervene and they were also beaten. The accused persons assaulted Dhondhal by club and murdered him by throttling.

(3.) Report of the incident was lodged by Baburam in Police Station-Dabhra on 9.9.1985 at 15:00 hours vide Ex.P/1. On the basis of this information, morgue intimation of Ex.P/17 was registered on the same day. The police proceeded for the scene of occurrence. Inquest over the body of the deceased was prepared in the presence of witnesses vide Ex.P/6. The dead body was sent for autopsy to Civil Hospital, Kharsia vide Ex.P/7A, where Dr. B.S. Chandel (PW-7) conducted postmortem over the person of deceased Dhondhal and gave his report of Ex.P/7. Babulal (PW-1), Bedram (PW-2), Smt. Chameli (PW- 3), Smt. Setmati and Dudhmati were sent for medical examination vide Exs.P/9A, P/10A, P/11A, P/12A and P/13A and their medico legal examination reports are Exs.P/9 to P/13 respectively. Spot map of the place of incident was got prepared by Halka Patwari Shantiram (PW-9) vide Ex.P/14. Sealed packet containing wearing apparels of the deceased was taken into possession on being received from hospital vide Ex.P/16. Khasra Panchshala of the disputed land of Ex.P/18 and order of the Tehsildar of Ex.P/19 were also filed along with the charge sheet and proved by the Investigating Officer Bahadur Singh Chanchal (PW-11). Apart from the above documents, the documents of Ex.P/20, P/21 and P/22 being application of Dhondhal for settlement, report of the Halka Patwari to the Tehsildar and No Objection given by Sarpanch and Panchas of the Panchayat, were also filed with the charge sheet and proved by the Investigating Officer. PW-13 Sewadas, Head Constable of Police Station-Dabhra, has proved the Rojnamchasanha dated 11.7.1985 of Ex.P/24, Rojnamchasanha dated 26.8.1985 of Ex.P/25 and Rojnamchasanha dated 6.9.1985 of Ex.P/26.