DUDHICHAPPE Vs. STATE OF M.P

JUDGEMENT

(1.) Since Criminal Appeal No. 14 of 1996, Criminal Appeal No. 15 of 1996 and Criminal Appeal No. 16 of 1996 filed by accused/appellants Dudhichappe and Dirdo Lakhma are arising out of the same judgment and relate to the same incident, therefore, they are being disposed of by this common judgment.

(2.) The accused/appellants have preferred these appeals being aggrieved by the judgment of conviction and sentence dated 8-11-1995, passed by the learned Third Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial Nos. 221 of 1990, 222 of 1990 and 223 of 1990 by which the learned Additional Sessions Judge after holding accused/appellant Dudhichappe guilty of the offence under Section 302 of the Indian Penal Code for committing the murders of Sukka, Deva and Dudhi Muda and holding accused/appellant Dirdo Lakhma guilty of the offence under Section 302 read with Section 34 of the Penal Code for committing the murders of above said persons sentenced each of them in each case to undergo imprisonment for life. However, it was directed that these sentences shall run concurrently.

(3.) Factual scenario of the prosecution case is as follows :- On 30-9-1989 Sona Singh resident of Village Chhuragatta lodged a report (Ex. P-l) at Police Station, Kukanar at about 2.00 P.M. with the allegation that on previous evening at about 6.00 P.M. he was at his residence, at that time accused/appellant Dudhichappe came to his residence and disclosed that he along with Dirdo Lakhma have committed the murders of Sukka, Deva and Dudhi Muda by attacking them with axe and lathi. On enquiry he further disclosed that as per revenue records, their agricultural land is in the name of his uncle Sukka (since deceased). When they demanded their share from Sukka, he said that he would not give their share and further said that he would oust them from the village. Deceased Sukka came near the house of accused Chappe Muriya with the axe and assaulted him with it on his hand. On this, he snatched the axe from Sukka, assaulted Sukka with the same axe on his neck, on account of which he fell down on the ground. At that time, accused Dirdo Lakhma also assaulted him with lathi as a result of which Sukka died on the spot. On seeing this incident his son Deva came with the lathi. He along with Dirdo Lakhma also assaulted him with the axe and lathi thereby committed his murder. Seeing this the other son of Sukka namely Muda also came, on this they also assaulted him with the same axe and lathi thereby committed his murder. The dead bodies are lying on the spot. On receiving this information he called Village Kotwar Sukuldhar and other villagers namely Laxman, Meharu, Sampat Singh and others in their presence again enquired from accused Dudhichappe and Dirdo Lakhma. On enquiry they further repeated the same thing that they had committed the murders of three persons. Thereafter he along with Laxman and Village Kotwar Sukuldhar went to the scene of occurrence and saw that all three bodies were lying near the house of accused Chappe Muriya. The bodies were drenched with blood, he villagers collected there. Sona Singh enquired from the villagers as to who witnessed the incident. On this Chula and Boddi said that they had witnessed the incident. They also corroborated extra-judicial confession made by accused Chappe Muriya and stated that they saw accused Chappe Muriya attacking the deceased persons with axe and accused Lakhma attacking with the lathi. On receiving this report, SHO, Police Station, Kukanar namely J.R. Dhruv registered the First Information Reports (Ex. P-l, Ex. P-l A and Ex. P-1B) separately for each of the murder. He took up the investigation and reached the scene of occurrence and gave notice (Ex. P-2) to the Panchas and prepared the Panchnamas (Ex. P-3, Ex. P-3A and Ex. P-3B) of the dead bodies of Sukka, Deva and Muda, respectively and took into possession simple soil and blood stained soil from the scene of occurrence vide Exs. P-4, P-4A and P-4B. On 1-10-1989 while in police custody accused Dudhichappe Muriya gave information (Ex. P-5) under Section 27 of the Evidence Act and in pursuance of that he got recovered the axe- weapon of offence from his house under Ex. P-7. Accused Lakhma gave information (Ex. P-6) and in pursuance of that he got recovered the lathi- another weapon of offence from his garden vide Ex. P-8. The blood stained Baniyans of accused Dudhichappe and Dirdo Lakhma were taken into possession vide Exs. P-9 and P-10, respectively. M.S. Netam, Patwari of the village, prepared the site plan of the scene of occurrence under Ex. P-l1. The dead bodies of the deceased persons namely Sukka, Deva and Muda were sent for post- mortem examination to Primary Health Centre, Tongpal. On 30-9-1999, Dr. Govind Singh (P.W. 13) conducted the autopsy on the dead bodies of the deceased persons and prepared the post-mortem reports (Exs. P-29/A, P-29/B and P-29/C) of deceased Sukka, Muda and Deva, respectively. In the opinion of the Doctor the death of the deceased persons was due to shock and massive hcamorrhage and the deaths were homicidal in nature. The blood-stained articles were shown to Doctor Govind Singh and he gave his report. But the said articles were not sent for chemical examination or to Serologist.