STATE OF MADHYA PRADESH Vs. RAM OUTAR

JUDGEMENT

(1.) Challenge in this appeal filed by the State/appellant under Section 378 of the CrPC is to the judgment dated 4.2.2003 passed by Sixth Additional Sessions Judge (Fast Track Court), Bhind in Sessions Trial No. 347/2000, whereby the present respondents Ram Outar and Subhash Sharma were acquitted from the charge of Sections 148, 302, 149 of the IPC.

(2.) Vide the judgment impugned in the present appeal, the trial Court has acquitted accused Subhash and Ramavtar from the offences under Sections 148 and 302 read with Section 149 of IPC but has convicted the accused/appellant Ashok under Section 302 read with Section 34 of IPC for the murder of Mataprasad and under Section 302 read with Section 34 of IPC for the murder of Tejraj, considering the fact that there was common intention. Against conviction and sentence, accused Murari and Ashok has filed separate Criminal Appeal No. 196/2003. As per the request of learned counsel for the parties, both the appeals (Criminal Appeal No. 196/2003 and Criminal Appeal No. 542/2003) are being decided simultaneously by passing separate judgment in each appeal. It is further pertinent to note that the appeal filed by Kishan Dutt, Ramvaran and Ramkishore against their conviction has been delinked from the present appeal as the aforesaid accused persons were absconder and they were separately tried and judgment was passed on 23.1.2019.

(3.) The facts necessary to be stated for disposal of the instant appeal are that as per prosecution version, on 16.10.1999 deceased Mataprasad and Tejram left their house at about 5-6 am for the purpose of ploughing the field asking the family members to bring breakfast at the field itself. Harendra Kumar (PW-4) and Shailendra (PW-9), son and daughter of deceased Tejram respectively, and Dharmendra, son of deceased Mataprasad reached at the field in order to serve the breakfast. At that time, the deceased Mataprasad and Tejram were cutting grass. In the meantime, accused persons reached there by their tractor-trolley. Accused Subhash was driving the tractor and other accused persons were armed with guns etc. Seeing them, Tejram and Mataprasad tried to run away. When they started their tractor, all the accused persons surrounded them and Murari fired a gunshot which hit Mataprasad and Mataprasad fell down from the tractor. Harendra, Shailendri and Dharmendra being afraid of that hide themselves in the field of Bajra. All the accused persons were beating Mataprasad and Tejram. Shriprakash, Ramkumar, Jaiprakash and Sitaram working in their adjoining fields reached there. After the incident, accused persons went away. In the incident, Mataprasad and Tejram died on the spot.