CHHAKKI RAMNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this judgment both the appeals (Criminal Appeal No. 319/83 and Criminal Appeal No. 320/83), challenging the order of Additional Sessions Judge, Datia, in Session Trial No. 27/82, dated 29-10-1983, whereby appellant Chhakki of Criminal Appeal No. 319/83 and appellant Lalai of Criminal Appeal No. 320/83 have been convicted Under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life, are being disposed of.

(2.) ACCORDING to the First Information Report (Ex. P. 8), lodged by Ramshree (P. W. 7), on 5-12-1981, at Police Station, Indergarh, in village Ekona, in the night of 4-12-1981, at about 8-9 P. M. , Lokman, the deceased, went to the house of Balle (P. W. 9), as they were sharing the agriculture, for taking money and for saying about diesal. After some time, shouts were heard, "dodio RE MAR DARO BACHA OO"; and on hearing the shouts, Jagman went to the house of Balle (P. W. 9 ). Ramshree (P. W. 7) also followed Jagman and saw that, inside the Pour of Balle (P. W. 9), Marpit of Lokman and Jagman, deceased persons, was done by four accused persons, viz. , Lalai, Chhakki, Chhinga and Ramsewak. Chhakki was assaulting by Basula and Lalai by Kulhadi, Ramsewak and Chhinga had Lathis and both were causing marpit by Lathis. According to Ramshree, she herself, the daughter and wife of Balle, shouted for help but nobody paid any heed and all th5 four accused persons killed Lokman and Jagman and dragged the bodies from inside the Paur and threw them in the lane. Thereafter, Ramshree (P. W. 7) went back to her house and remained there, the whole night. In the morning, she went to her brother-in-law, Dayaram (P. W. 6) son of deceased Lokman, stated the incident to him and thereafter accompanied by him, lodged the report (Ex. P.-8) at P. S. , Indergarh.

(3.) AFTER investigation, all the four accused persons were challaned and tried for the offence Under Section 302/34, Indian Penal Code. The learned trial Court, disbelieving the prosecution witnesses, acquitted the two co-accused persons, viz. Chhinga and Ramsewak, giving them the benefit of doubt, but the appellants, on the basis of the same evidence, have been convicted and they have preferred these two separate appeals.