PAHALWAN SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) The instant Criminal Appeal is preferred under Sec. 374 (2) of CrPC, challenging the judgment of conviction and sentence dtd. 22/12/2003 passed by Additional Sessions Judge, Camp Seondha, District Datia in Sessions Trial No. 46/2001, whereby appellant has been convicted under Sec. 302 of IPC (on two counts) and sentenced to undergo RI for life and fine of Rs.200.00 on each count, for committing murder of Brijrani and Chandni, and in default of payment of fine, to undergo additional RI for two months on each count. Both the sentences were directed to run concurrently.

(2.) It is admitted fact that deceased Brijrani and Chandni were the appellant's mother and daughter respectively and Atar Singh, who lodged the FIR is brother of appellant/accused.

(3.) The prosecution story in short is that on the date of incident, i.e., on 28/10/2000, Atar Singh (PW-1) lodged oral report in Police Station Godan that he had purchased a Bakhar (house) situated in village Taidot, from Santram Jatav for a consideration of Rs.12000.00. The said amount was paid by Pahalwan Jatav (appellant herein). Battu Jatav and Shobharam, who were residing adjoining to the said house, were interested in purchasing the house because they used to tie their cattle in a portion of the said house. Complainant Atar Singh asked Battu Jatav and Shobharam to vacate the house. Santram, who sold the house, had conveyed that he will get vacated the house. In the morning of 28/10/2000 when Atar Singh was in his house then Laxman Jatav came to his house and informed that Battu Jatav etc. and Pahalwan are quarrelling. At the time of quarrel Pahalwan was residing in the same house. The complainant reached and saw on the place of incident that Brijrani and Chandni, mother and daughter of Pahalwan were lying. Brijrani had already died and Chandni was seriously injured. Battu Jatav and Shobharam were present at the place of incident, Shobharam Jatav was having lathi and Shobharam Jatav committed murder of mother of Pahalwan and also caused head injury to the daughter of Pahalwan. After sometime, Chandni, daughter of Pahalwan died. Brijrani and Chandni were murdered by Battu Jatav and Shobharam Jatav, therefore, because of terror of Battu Jatav and Shobharam, appellant Pahalwan had absonded from the place of incident. On account of that, merg (Ex.P/2) was registered. Spot map (Ex.P/3) was prepared and Lash Panchnama (Ex.P/4 and P/4-B were prepared. Postmortem of the dead bodies of deceased Brijrani and Chandi was conducted at Primary Health Centre, Indergarh. Postmortem report of deceased Brijrani is Ex.P/14 and that of deceased Chandni is Ex. P/15. Post-mortem was conducted by Dr. M.M.Shakya (PW-10). Investigation was done by S.D.Nayar (PW11), who had recorded memorandum of accused Chimme @ Pahalwan, i.e., Ex.P/11. On the basis of aforesaid memorandum given by Pahalwan, one luhangi was seized from the room of Pahalwan. Seizure of luhangi is Ex.P/12. Accused Pahalwan was arrested vide Ex.P/9. Blood-stained soil and plain soil and pieces of bricks were seized from the place of incident vide Ex.P/18. One agreement was seized from Atar Singh Jatav (PW-1). Statements of Lalaram Dangi, Diman Barar, Devi Singh, Kishori Jatav, Chatur Singh Jatav, Dayaram Jatav, Pappu @ Pomal Singh Dangi, Shobharam, Laxman Jatav, Battu Jatav, Dr. Santram Sironiya, Ramroop Jatav were recorded under Ss. 161 of CrPC by Investigating Officer Dr. S.D.Nayar. After completion of investigation charge sheet was filed.