NAND KUMAR @ NANDU Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal under Section 374(2) of the Code of Criminal Procedure is directed against the judgment of conviction and order of sentence dated 13th June, 2000 passed by the 4th Additional Sessions Judge, Bilaspur in Sessions Trial No. 197/99 whereby the Additional Sessions Judge after holding the accused/Appellants guilty for commission of offence under Section 302/34 of the I.P.C. for committing murder of Dashrath and Reeban; under Section 325 of IPC for causing grievous injuries to Bansilal, sentenced each of the accused persons to undergo rigorous imprisonment for life under Section 302 of IPC, to pay a fine of Rs. 3,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year and R.I. for one year under Section 325 of IPC, to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for three months respectively. Accused Nandu alias Nandkumar has also been convicted under Section 323 of IPC for causing simple injuries to Gangaprasad and Ramfal and sentenced to undergo R.I. for 6 months to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for one month. However, accused Basant and Harishankar have been acquitted of the charge under Section 323 of the I.P.C. All the sentences have been directed to run concurrently. It is also directed that detention period during investigation and trial shall be set-off against the sentences imposed upon the accused persons.

(2.) THE case of prosecution, necessary for disposal of this appeal is that on 2.3.1993 on the occasion of Holi festival in the Village Ghongadih, Dashrath Yadav, Reeban Yadav, Banshilal Yadav, Bahorik Satnami, Nandkumar Dhruv, Chandrahas Dubey and Reshamlal (P.W. 1) were going to the house of Reshamlal (P-1) after celebrating Holi. On the way, near the house of Ganpat, accused Nandkumar Yadav and Khilawanram and others were started talking, in the meantime accused Nandkumar started assaulting Banshi Yadav, Dashrath and Reeban with the lathi, on which Nand Kumar Dhruve shouted therefore, accused Nandkumar ran away. THEreafter, Bansilal, Dashrath and Reeban went to the house Reshamlal (P.W. 1), they were sitting there, however, within a short span of time Banshilal left the house. At that time, accused Nandkumar, Basant and Harishankar came abusing in the name of mother and sister holding lathis in their hands and started attacking Dasrath and Reeban with lathis and crowbar, they dragged them in the courtyard of the house, assaulted there also, as a result of which Dashrath and Reeban became unconscious and thereafter, the accused persons ran away. In the episode, Dashrath and Reeban sustained multiple injuries all over the body. THE incident was witnessed by Reshamlal (P-1), his wife Bitawan Bai (P.W. 4). Family members of Dashrath and Reeban came and they took them to the Bilaspur Hospital. Within an hour Sub Inspector Shri N.N. Kadiyam (P.W. 18) reached on the sport to whom Reshamlal (P.W. 1) gave Dehati Nalishi (Ex. P-1), based on that First Information Report Ex. P-35 was registered and the Investigating Officer took up the investigation. During investigation it was also found that accused persons attacked Gangaprasad and Ramfal apart from Banshilal. THEy were taken to the hospital, while on the way Dashrath succumbed to the injuries, whereas, Reeban succumbed to the injuries in the Bilaspur Hospital, therefore, the Investigation Officer after giving notice to the Panchas prepared the inquest Ex. P-32 oh the body of Dashrath and Ex. P-33 on the body of Reeban. THEir bodies were sent to the District Hospital, Bilaspur for postmortem examination, where Dr. R.K. Gupta (P.W. 11) conducted postmortem on the body of Dashrath, he noticed 8 injuries on the body of Dashrath and on dissection he noticed that 4th, 5th and 6th rib of Dashrath were fractured, right hand bones were also found fractured and he opined that death of Dashrath was homicidal in nature. He prepared postmortem report Ex. P-21. He also conducted postmortem examination on the body of Reeban Yadav, he noticed grievous injuries on various parts of the body of Reeban and on dissection it was noticed that left frontal bone was fractured, radius and ulna bones were also found fractured and he opined that cause of death of Reeban was multiple injuries and coma and death was homicidal in nature. He prepared postmortem report Ex. P- 22. Injuries of Banshilal were examined by Dr. G.P. Naidu (P.W. 10), he noticed two injuries on the body of Banshilal and the matter was referred to the Radiologist Dr. S. Chatterji (P-21), who took X-ray and found that 9th rib, ulna bone of forearm and 4 metacarpal bone of right hand were fractured. He gave his report Ex. P-44. Dr. N.K. Samdariya (P.W. 22) examined the injuries of Gangaprasad, he noticed simple injuries and prepared the report Ex. P-51. Dr. B. Chandani (P.W. 9) examined the injuries of Ramfal and he noticed two simple injuries. He prepared the report Ex. P-18.

(3.) AFTER completion of investigation, charge sheet was filed against the accused persons in the Court of Chief Judicial Magistrate, Bilaspur, who in turn committed the case to the Sessions Judge, Bilaspur from where the 4th Additional Sessions Judge has received the case on transfer for trial. The prosecution in order to establish the charges against the accused persons examined 24 witnesses. Statements of accused persons were recorded under Section 313 of the Code of Criminal Procedure. in which they denied the material appearing against them in the prosecution evidence and stated that they are innocent and have been falsely implicated in the crime, on the contrary, they were beaten up.