ASHOK Vs. STATE OF M.P

JUDGEMENT

(1.) The present appeal arises from the judgment of conviction dated 6.5.1997 of the VIIth Additional Sessions Judge, Bilaspur, in Sessions Trial No. 366 of 1991. The Appellants have been convicted to life imprisonment under Section 302 IPC. By order dated 24.3.2014, on a plea of juvenility on the date of occurrence by Appellant No. 2, enquiry had been ordered to be conducted by the Sessions Judge, Bilaspur. The enquiry report received dated 30.4.2014 states he was 19 years 8 months on the date of occurrence. The Sessions Judge held that P.W. 9, Ajay Kumar, was a relative of deceased, Bharat Lal. There existed previous enmity between the deceased and the accused. As an interested witness PW9 was falsely trying to implicate the accused persons. Holding P.W. 18, Kejuram to be a reliable eye witness who named the three Appellants only as the assailants, the other five accused have been acquitted.

(2.) The deceased Bharat Lal is stated to have been assaulted on 2.3.1991 at about 18:00 hours leading to his death on the spot. Dehati Nalishi, Exhibit P15 was lodged by P.W. 9, Ajay Kumar at 20:15 hours the same day after the police had come. The witness stated that he had gone to his orchard in the evening when he heard cries for help. He saw the appellants and those acquitted assaulting the deceased. He shouted for help when P.W. 3 Raghunandan, Kejuram P.W. 18, Shatrughan P.W. 12, Dhanush P.W. 10 and other villagers arrived. The assailants ran away on seeing them. The same day an FIR, also marked Exhibit P15, was also registered at night by one Chhatlal Kaushik stating that he went to the village of the deceased as he suspected the deceased had been killed. He learnt that the Appellants and those acquitted had killed the deceased. Daroga Gupta was present in the village and had sent him to lodge the report regarding death.

(3.) The post mortem of the deceased was conducted on 3.3.1991 by P.W. 14, Dr. V.K. Khetrapal, marked Exhibit P14. Nine incised wounds and four abrasions were found on the deceased. Exhibit P2 was the inquest report, Exhibit P3 was the spot map, Exhibit P5 was the seizure of the lathi, Exhibit P6 was the seizure of the spade and Exhibit P7 was the seizure of seven la this. The injuries on the deceased were as follows: