DEVANAND DUBEY Vs. STATEOF MADHYA PRADESH

JUDGEMENT

(1.) Since both these Criminal Appeals are arising out of judgment of conviction and order of sentence dated 21-6-2000 passed in Sessions Trial No. 359/1998 by the First Additional Sessions Judge, Bilaspur, therefore, they are being disposed of by this common judgment.

(2.) Criminal Appeal No. 1840/2000 has been filed on behalf of accused appellant Devanand Dubey whereas Criminal Appeal No. 1679/2000 has been filed on behalf of accused appellants Daso alias Pramesh and Dayanand Dubey. Daso alias Pramesh has been convicted under Ss. 302 and 450, I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 3 months and 7 years R. I., and fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 3 months respectively. His sentences have been directed to run concurrently. Appellants Devanand Dubey and Dayanand Dubey have been convicted under S. 302 read with Section 34 of I. P. C. and sentenced to undergo imprisonment lor life and to pay a fine of Rs. 1,000/- each, in default of payment of fine to further undergo R. I. for 3 months.

(3.) The case of the prosecution is that the deceased Surendra Kumar Sharma was the tenant of one Jhumaklal Dubey and was holding the possession of his tenanted shop situated in Sarkanda, Bilaspur. Jhumaklal Dubey wanted to get his shop vacated and for this, requisite proceedings were filed in the Civil Court and thereafter, the appeal was filed in the High Court and the matter was decided in favour of the tenant Surendra Kumar Sharma (since deceased). On this ground the relations between the parties were inimical. The accused persons are the relations of landlord Jhumaklal. On 17-4-1998 at about 4.45 p.m., all the accused appellants entered into the tenanted premises of the deceased Surendra Kumar Sharma. accused appellant Daso alias Pramesh Dubey assaulted the deceased with a knife causing injuries on his vital parts. The allegations against two other accused persons are that they had exhorted the accused appellant Daso for committing murder of the deceased. The further case of the prosecution is that at that time, Arun Dubey (P. W. 1), servant of the deceased and Smt. Pushpa Sharma, wife of the deceased and one Smt. Meena Sharma (P. W. 4) has witnessed the incident. The incident was reported to the Police Station. Sarkanda on 17-4-1998 by Telephone, which was reduced into writing in Rosnamcha Sanha No. 999 Ex. P. 20. Receiving such information, the Town Inspector left for the scene of occurrence. The deceased was taken to the hospital where the Town Inspector asked him about the incident and recorded Dehati Nalishi Ex. P. 22. This Dehati Nalishi was signed by Surendra Kumar Sharma, the deceased himself, based on which, the First Information Report was lodged under Ex. P. 14. Requisition for medical examination of the victim was prepared and his injury report was obtained vide Ex. P. 10, The 161 statement of Arun Kumar Dubey was also recorded. The blood stained clothes of the deceased i.e., full pant, shirt and underwear etc., were seized under Ex. P. 3. The servant of the deceased namely Arun Kumar Dubey (P. W. 1) was sent for medical examination under Ex. P. 24 and his medical report Ex. P. 19 was received. The samples of blood stains were taken from the chair in the shop under Ex. P. 25. Site plan was prepared under Ex, P. 26. Accused appellant Daso alias Pramesh was taken into custody on 6-5-1998. His memorandum under S. 27 of the Evidence Act was recorded under Ex. P. 4 regarding the weapon of offence and at his instance a Khukhri was recovered under Ex. P. 5. Clothes of the accused Daso were also seized from his house under Ex. P. 6. For further treatment, the deceased was referred from Govt. Hospital, Bilaspur to Bhilai Hospital, where he died during the course of treatment on 5-5-1998. A merg intimation in this regard was sent by the concerned Doctor of Bhilai Hospital to Police Station Bhilai, Bhilainagar, under Ex. P. 15, on which, the enquiry on merg was conducted by Police Station Bhilainagar. The concerned Police Officer of Bhilainagar, gave notice to the Panchas under Ex. P. 12 on 5-5-1998. The inquest on the body of the deceased was prepared under Ex. P. 13 on the same day and the dead body of the deceased was sent for postmortem under Ex. P. 16. The post mortem was conducted by Dr. P. K. Agrawal and the report thereof was prepared vide Ex. P. 21, bed head ticket of Bhilai hospital (Ex. P. 2) was taken into possession and a seizure memo Ex. P. 17 was prepared in this regard and the report regarding death of the deceased was recorded in Sarkanda Police Station, Bilaspur under Ex. P. 32 on 27-5-1998. The Seized articles were sent for examination under Ex. P. 31 and a report from Forensic Science Laboratory, Sagar, was received under Ex, P. 34. The Statements of witnesses were recorded and after completion of the investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class, Bilaspur, who in turn, committed the case to the Court of Session Judge, Bilaspur, from where the case was received on transfer by the First Addl. Sessions Judge, Bilaspur, who conducted the trial.