BHANU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 11-5-1991 passed by the 2nd Additional Sessions Judge, Bilaspur, in Sessions Case No. 156/86, whereby and whereunder learned 2nd Additional Sessions Judge after holding 25 accused persons guilty for formation of unlawful assembly having its common object of commission of culpable homicide amounting to murder of Balwant, Sawant and Vishram (since deceased), they were armed with deadly weapons and for causing injury to Vedram and Santosh and in furtherance of common object of unlawful assembly, the Appellants and other members of unlawful assembly have committed culpable homicide amounting to murder of Balwant, Sawant and Vishram and also caused injury by sharp edged weapons to Vedram and simple injury to Santosh convicted the Appellants under Sections 148, 302/149, 302/149, 302/149, 324/149 & 324/149 of the Indian Penal Code and convicted accused Bhanu under Section 27 of the Arms Act and sentenced them to undergo imprisonment for life, imprisonment for life, imprisonment for life, rigorous imprisonment for one year, rigorous imprisonment for one year, rigorous imprisonment for one year and rigorous imprisonment for one year, respectively.

(2.) Conviction is impugned on the ground that without there being any iota of credible and clinching evidence sufficient for formation of unlawful assembly having its common object for commission of murder of Balwant, Sawant and Vishram and injuries to others and in furtherance of common object of unlawful assembly, murder and the aforesaid injuries took by members of unlawful assembly, the Court below has convicted and sentenced the Appellants as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that after murder of one Gangaram, the Appellants and deceased Balwant, Sawant, Vishram and their families were in inimical terms with Vedram, Lokaeram, Kamalnarayan, Shatrughan, Fhaguram, Damla, Jai Singh Gond. Deceased Sawant, deceased Vishram and deceased Balwant were accused in Gangaram murder case. On the fateful day of 8-12-1985, Kuteliyabai (PW-17), deceased Sawant and Santosh were uprooting tivra crop in the field at about 4 p. m., accused Birojo cried and called to other accused that (Vernacular matter omitted). After hearing sound of Birojo, all the Appellants reached to the field, they were holding dangerous weapons. Accused Bhanu was holding gun and rests accused were holding betel axe and sticks, Appellant Chirounji was holding pistol, Kuteliyabai saw that accused persons were coming towards her, then Kuteliyabai, Sawant (since deceased) and Santosh tried to flee from the field, but accused persons surrounded them and assaulted Sawant by stick and betel axe, Kuteliyabai requested the accused for not to assault them, but accused chopped the neck of Sawant, accused Bhanu fired gun upon Sawant, Santosh shouted for help, then another deceased Balwant and Vishram, witness Vedram, Khorbahra and Panchram rushed to the spot, Appellants also assaulted them by sticks and betel axe. Accused Bhanu fired upon Vishram by gun, Vishram fell down, then other accused persons assaulted Vishram. Accused Bhagwat directed accused Bhanu to kill Balwant, then Chirounji fired upon Balwant by pistol. Accused Damla, Dashru, Manorath and Jagdish assaulted Balwant by betel axe and chopped his leg, Vedram fled from the spot and went inside the house and closed the door from inside. After commission of offence, the Appellants/accused went from the spot. Sawant, Balwant and Vishram died instantaneously on the spot. After hearing sound, Kotwar Milaudas (PW-16) reached to the spot, Kuteliyabai was present on the spot who narrated the incident to Milaudas, Milaudas went to the police station and lodged the F. I. R. vide Ex. P/66. Merg intimation was recorded vide Exs. P/67 to P/70. Investigating officer proceeded for the scene of occurrence and after summoning the witnesses vide Exs. P/1 to P/3, inquest over the dead bodies of Sawant, Balwant and Vishram were prepared vide Exs. P/4 to P/6. Dead bodies of the deceased were sent for autopsy to Government Hospital, Mungeli vide Exs. P/39, P/40, and P/41A. Dr. S. S. Sisodiya (PW-9) conducted autopsy over the dead body of deceased Sawant vide Ex. P/39A and found following injuries: