JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) By this Common Judgment, Cr.A. No. 464/2008 (Jagdish and another Vs. State of M.P.), Cr.A. No. 461/2008 (Kamlesh and another Vs. State of M.P.), Cr.A. No. 462/2008 (Teerath Vs. State of M.P.), Cr.A. No. 471 of 2008 (Radheshyam Meena and another Vs. State of M.P.) and Cr.A. No. 526/2008 (Randhir and others Vs. State of M.P. (Cr.A. No. 526 of 2008) shall be decided.

(2.) According to prosecution case, the complainant Raghuvir (P.W.2), lodged a F.I.R. on 12-4-2006 at 10:30 A.M., on the allegations that about 2 years back, one Ramcharan Meena was killed. In that case, Lakhan son of brother of complainant, nephew Rambabu and Sonu, son of Dharat Singh were going a motor cycle to attend the Court date. The complainant Raghuvir, his brother Badrilal and nephew Ganpat were on another motor cycle. The Tractor of Teerath Meena was already parked near village Umarma. The motor cycle of Randhir was parked in front of the Tractor. The movement, motor cycle of Lakhan passed by the side of Tractor, at that time, Radheshyam fired a gun shot from his .12 bore single barrel licensed gun causing injury to Lakhan as a result he fell down from the motor cycle. Randhir, Jitendra and Kamlesh amputated the neck of Lakhan. Sonu and Rambabu tried to run away in order to save their lives. Teerath Meena fired a gun shot causing injury to Sonu, as a result he also fell down. Rameshwar and Ghasilal caused multiple injuries on neck and other parts of the body of Sonu. Pritam assaulted on the back side of his head by means of Lohangi, Hemraj Meena assaulted Lakhan by Farsi, Badri assaulted by lathi with intention to cause death. Randhir fired a gun shot causing injury to Rambabu. Jagdish, Satish, Ramdayal, Vishnu, Gopal and Asgar Khan were following them and were armed with Farsi, lathi. The complainant, by turning his motor cycle, went towards his village. When the assailants went away, he again came back to the place of incident, and found that Lakhan and Sonu were dead. Head of Lakhan was missing. The fingers of right hand of Sonu were amputated and one finger was missing. Four deep wounds of gun shots were on the right side of the shoulder of Lakhan. Rambabu while running away had fallen in a field. He had sustained gun shot injuries on his back. Accordingly, the complainant came to the police station with the dead bodies of Lakhan and Sonu as well as also the injured Rambabu on a tractor trolley. Accordingly, the police registered F.I.R. in Crime No. 130,131 of 2006 at Police Station Kumbhraj, Distt. Guna against Radheshyam Meena, Teerath Meena, Badrilal, Gajraj Meena, Rameshwar Meena, Vishal Meena, Pritam Meena, Jitendra Meena, Randhir Meena, Raghuvir Meena, Kamlesh @ Dublya, Jagdish, Satish, Hemraj, Ramdayal, Ghasilal, and Vishnu Meena.

(3.) The spot map was prepared. The dead bodies of Lakhan and Sonu were sent for Postmortem, Rambabu was sent for medical examination, the statements of the witnesses were recorded, the accused persons were arrested, weapons were seized, the incriminating articles were sent to F.S.L., Sagar, the head of Lakhan was recovered, and after completing the investigation, the police filed Charge-sheet against Randhir, Vishnu Prasad, Gopal, Dhapobai, Pritam, Jitendra, Kamlesh, Raghuvir, Ghasilal, Ramdayal, Gajraj, Rameshwar, Vishal, Jagdish, Hemraj and Teerath Singh for offence under Sections 147, 148,149,341,307,302,201,109 of I.P.C. and under Sections 25/27, 25B,30 of Arms Act. The co-accused Radheshyam, Satish and Asgar Khan were absconding. Later on Radheshyam Meena and Satish were arrested on 6-11-2006 and Asgar Khan surrendered on 23-5-2007. Accordingly, supplementary charge-sheets were also filed against Radheshyam Meena, Satish and Asgar Khan for offence under Sections 147, 148,149,341,307,302,201,109 of I.P.C. and under Sections 25/27, 25B,30 of Arms Act.