RAMFAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and order of sentence passed by Third Additional Sessions Judge, Chhatarpur in S.T.No.61/96, decided on 28.03.2000.

(2.) Appellants have been convicted under Section 148, 325/149 of IPC and sentenced to rigorous imprisonment for one year and three years for the respective offences, by the impugned judgment. The sentences were directed to run concurrently.

(3.) As per prosecution case, appellant Ramfal had got registered a forged sale-deed on 9.2.90 in respect of the land belonging to complainant Badriprasad, for which he had filed a civil suit in the Court. Due to this enmity, on 17.6.90 about 6 'O'clock in the morning at village Sindurakhi when complainant Badriprasad, Gourishankar, Pachiya Bai and mother of Baburam were on the well, appellants armed with deadly weapons came there. Appellant Ramfal was armed with .315 bore katta, appellant Kamlesh was armed with a gun, while appellant Bihari was carrying a spear and appellant Ramswaroop had a lathi, appellant Ramcharan of Rahaliya was having a spade. Appellant Kamlesh began hurling obscene abuses to complainant Badriprasad and asked him to pay fifty thousand rupees, which he had to spend. When complainant Badriprasad objected to hurling of abuses, appellant Ramfal exhorted to kill him. Complainant Badriprasad grappled with him to snatch his katta, but all the appellants began assaulting him by means of lathi, spade, spear and with the handle of gun. Appellants Ramswaroop and Kamlesh went on exhorting to kill complainant Badriprasad. As a result of assault and injuries, Badriprasad fell down. His brother Gourishankar and his wife Pachiya Bai tried to rescue him, but in vain. Appellants after causing various injuries to the complainant fled away from the spot. Injured Badriprasad was then taken to the Police Post Garhi Malahra, where he lodged the FIR, on the basis of which an offence was registered at Police Station, Maharajpur against the appellants and was investigated. Injured Badriprasad was sent for medical examination. Upon his medical and X-ray examination, besides several injuries, fractures in his right tibia, left ulna and metacarpal bones were detected. During investigation, a .315 bore gun and cartridge were seized from appellant Ramfal, while a lathi, spear and spade used in the commission of offence were seized from appellants Ramswaroop, Bihari and Ramcharan respectively. Blood stained shoes of the complainant were also seized by the Police. The seized articles were sent for forensic examination. After due investigation and obtaining sanction from District Magistrate, appellants were prosecuted under Section 147, 148, 325, 326, 323, 307 of IPC and Section 25/27 of the Arms Act and were put to trial.