MARWADI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 19-9-1994 passed by the 2nd Additional Sessions Judge, Ambikapur in Sessions Trial No. 273/89, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for formation of unlawful assembly armed with deadly weapons having its common object to culpable homicide amounting to murder and in furtherance of common object of the assembly for committing the murder of Rajaram, convicted the appellants under Sections 147, 148 & 302 read with Section 149 of the IPC and sentenced them to undergo RI for one year, RI for one year and imprisonment for life, respectively. Conviction is impugned on the ground that without any iota of evidence and admissible evidence, the trial Court has convicted & sentenced the appellants and thereby committed illegality.

(2.) As per case of the prosecution, on the fateful day of 7-12-1987 at about 9 a.m. unfortunate deceased Rajaram was working in the field situate at Parsa Nakhi Khar, Village Bakmer, Police Station Ambikapur, along with other persons which was owned by Navapariha; appellants Malar Ram Uraon & Marwadi (since deceased) came to the field; other appellants Sonsai, Nainsukh, juvenile offenders Bulkan, Mukund & Mansukh accompanied them; Malar Ram was holding axe, Marwadi was holding betel axe and remaining accused were holding sticks; appellants Malar Ram & Marwadi came near Rajaram whereas remaining accused stayed at some distance. Rajaram requested both the persons that he is ready to receive punishment which they will give, but not to kill him, he requested with folded hands, but on account of land dispute, Malar Ram attacked Rajaram by axe over his head which Rajaram saved, thereafter, Marwadi assaulted Rajaram by betel axe over his head and caused fatal injuries. Rajaram fell down then. Malar Ram & Marwadi went back and fled away from the spot. Other accused/appellants also accompanied them. Rajaram was badly injured and was unconscious. Other persons namely Malik, Prithvinath & Asharam immediately took him to Government Hospital, Ambikapur.

(3.) After some time, Ambikapur police came to the spot whom Rampati (PW-1) lodged dehati nalsi vide Ex. P-1 at 1 p.m. FIR was recorded on the basis of dehati nalsi. Injured Rajaram was examined at about 11.45 a.m. by Dr. R.K. Bajaj (PW-7) who intimated the police vide Ex. P-14 at 1.15 p.m. and on the basis of information Ex. P-14, the police came to the hospital and gave requisition for examination of Rajaram vide Ex. P-21. Dr. R.K. Bajaj (PW-7) noticed incised wound of 4" x 1/2" x bone deep over middle of head, bone beneath the injury was found cut, part of brain came out from the injury badly stained with blood and active bleeding; bruise over forehead of 3" x 3"; and swelling of 2" x 2" over right parietal region. Rajaram was semi-conscious. He was advised for X-ray. He was admitted in the hospital for immediate treatment. During the course of treatment, he died on second day at 12.05 p.m. Death of Rajaram was intimated to the police vide Ex. P-22 and the police recorded morgue intimation vide Ex. P-23. After summoning the witnesses, inquest over the dead body was prepared vide Ex. P-12. Dead body was sent for autopsy to District Hospital, Ambikapur. Dr. P.K. Banerjee (PW-15) conducted autopsy vide Ex. P-19 and found treated and stitched injuries of 7" over head with swelling on edges. Injuries were ante mortem in nature. Depressed fracture of parietal bone, blood inside brain under scalp from frontal to occipital and both sides' temporal regions with fracture of sagital suture 7" in length extending from frontal bone to occipital bone. He has not noticed other adverse thing. Mode of death was shock. After recording dehati nalsi on 7-12-1987, the Investigating Officer took appellant Malar Ram into custody, he made discloser statement of axe vide Ex. P-2 on 7-12-1987 and same was recovered at the instance of Malar Ram vide Ex. P-3. Appellant Marwadi (since deceased) made discloser statement of small betel axe vide Ex. P-4 and same was seized at his instance vide Ex. P-5. Appellant Sonsai also made discloser statement of stick vide Ex. P-6 and same was recovered at his instance vide Ex. P-7. Mansukh made discloser statement of stick vide Ex. P-8 and same was recovered at his instance vide Ex. P-9. Bulkan made discloser statement of stick vide Ex. P-10 and same was recovered at his instance vide Ex. P-11. Sealed clothes of the deceased were seized vide Ex. P-15. Bed head ticket was seized vide Ex. P-16. Statement of the witnesses were recorded under Section 161 of the CrPC. Spot map was prepared vide Ex. P-24.