CHAITU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE appeals are directed against the judgment dated 28th of April, 1994 passed in Session Trial No. 321/1987 by the 4th Additional Session Judge, Bilaspur, whereby the appellant have been convicted u/ss 148] 302/149, 302/149 & 323/149 IPC and sentenced to undergo R.I. for 3 years, imprisonment for life (in two counts) and R.I. for 1 year with a further direction to run the sentences concurrently.

(2.) IN all 51 accused persons (A-1 to A-51) were tried for the above offences. Out of them A-4, A-13, A-19, A-44, and A-47 died during the pendency of the trial. A-38, A-22, a-31, A-40, A-21, A-37, A-14, A-20, A-27, A-34, A-36 A-3 and A-42 also died during the pendency of their appeals, therefore, the appeals filed by the above accused persons/appellants have already been abated. Motilal (A-30) had filed Criminal Appeal No. 635/95. he also died during the pendency of the appeal. Therefore, his appeal also stood abated on 14.03.2011.

(3.) THE facts, briefly stated, are as under: The allegations are that 51 accused persons formed an unlawful assembly, participated in rioting with deadly weapons and in furtherance of the common object of the said assembly committed murder of two deceased persons namely - Jagdish and Ramphal and they also caused injuries to Sadhelal (PW-23). The case of the prosecution is that a Nav Yuvak Samiti was formed in village Dhothama. The Sasmiti used to impose monitory punishment on wrong doers of the village. Deceased Jagdish was Secretary of the Samiti. A sum of Rs. 4,900/- was deposited with deceased - Jagdish which was recovered as from the villagers. About Rs. 1,500/- was deposited with Vishnu Sahu (a-43). In this regard a meeting was convened in the village. Deceased- Jagdish was directed to return the said amount. When a dispute arose, Jagdish was excluded from Satnami Community. Nobody was allowed to make relations with him. On account of some quarrel Jagdish had reported the matter to the police, on which a proceeding u/s 107 Cr.P.C. was also drawn between the two groups. The said proceeding was pending before the Sub-Divisional Magistrate on the date of the incident. In between this period the concerned Station House Officer has visited the village and on his directions, Jagdish gave Rs. 4,900/- to Vishnu (A-43). On some dispute relating to deposit of other amounts, the concerned Station House Officer had called members of both the parties to the police station on 20.07.1986. The allegations are that when deceased- Jagdish, Ramphal & Sadhelal (PW-23) were going to the police station on 20.07.86, the accused persons, by making an unlawful assembly in the above manner, attacked over them with deadly weapons and assaulted them, Jagdish, Ramphal & Sadhelal (PW-23) sustained multiple injuries. Jagdish and Ramphal succumbed to those injuries, Bedan Bai (PW-2) - mother of deceased - Jagdish) made a report to police outpost Jarhagaon vide Ex. P/2. based on which, Crime No.178/86 was registered in police station Mungeli, Janakram (PW-1 brother of Jagdish) also came to know about the incident and lodged a report (Ex-P/1) in police station Mungeli. Panchanama over the dead bodies of the deceased persons were prepared; the dead bodies were sent for post-mortem examination and the post-mortem reports were received. According to the Autopsy Surgeon, Dr S.S. Sisodiya (PW-15), both the deceased persons died homicidal death on account of multiple injuries sustained by them. The post-mortem reports are Ex.-P/18-A & P/19-A.