RAJULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the aforesaid cases are being disposed of by one judgment since they arise out of one criminal case and one judgment dtd. 7/8/1998 delivered by 7th Additional Sessions Judge, Raipur in Sessions Trial No. 418 of 1996. The learned Additional Sessions Judge has convicted and sentenced the Appellants (in Criminal Appeals No. 2165 of 1998, 2025 of 1998 and 2022 of 1998) as follows:

(2.) The prosecution story, briefly stated is that on 23/6/1996 at about 3-3:15 pm, Rajendra Kumar Pandey (PW-3), his brother Parasmani (PW-4) alongwith their father Bodhram Pandey and his son Arvindra Kumar Pandey (PW-8) were returning from their fields. Rajendra (PW-3) and Parasmani (PW-4) were on one bicycle and the deceased Bodhram and Arvindra Kumar Pandey (PW-8) were on another bicycle. When they reached the starting point of the basti near Panchayat Bhawan, about 50-60 persons were standing. Former Sarpanch- Ashwani Sharma was standing there with a revolver in his left hand and a rod in his right hand and on seeing Bodhram, Ashwani Sharma started abusing and stated that Bodhram Pandey has to be killed. He instigated others to kill Bodhram Pandey. The two brothers tried to run away. Their father was killed and the brothers were beaten up.

(3.) The prosecution story is that thereafter, these brothers managed to reach home where their house was surrounded. They were scared of coming out of their home. Arvindra some how managed to reach home unhurt. At about 6-6:30 pm, the police reached the spot. It was at that stage that Rajendra Pandey (PW-3) filed a complaint with the police. This complaint is Exhibit P-16. Since this is the first report with regard to the occurrence, we would like to refer to the same in detail. It reads as under: