HARDEO Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal from the judgment and findings recorded by the learned Second Additional Sessions Judge, Chhatarpur in Sessions Trial No. 225/87, whereby accused Hardeo was convicted of offence under Section 302 and sentenced to life imprisonment and a fine of Rs. 2,000. 00, and he was acquitted of alternative charge under Section 302 read with Section 149, IPC and also the charge under Section 148, IPC. However, other accused namely Tulsi, Imrat and Sarju were acquitted of all the charges and accused Dhandu and Janki died during the trial.

(2.) SUCCINCTLY narrated the facts of the case are that Lallabai (D. W. 3), a cousin of appellant Hardeo was though a legally wedded wife of accused Imrat, was living as a mistress of deceased Bhagwan Das, s/o Dashrath (P. W. 1 ). It is said that Lallabai had made some statement before a Court at Chhatarpur that on her own volition she wanted to live with the deceased. But for fear of accused Imrat, the deceased had left his native Village Budera and stayed away for few years with Lallabai at some other place. He had returned home only in the year of incident. It is also said that the matter had been settled for some payment in a Panchayat and in compliance thereof, a part payment had already been made by the deceased and the balance was to be paid in due course. The covenant had been reduced to writing. On the fateful day of 4-8-87, when deceased Bhagwandas with his parents (P. Ws. 1 and 13) and younger brother Karan (P. W. 2) was coming home from the cattle-shed after milking cow, he was waylaid while passing through, in front of the house of accused Sarju. He was assaulted by all the accused and as a result, he died on the spot. Report of the incident was lodged by Dashrath (P. W. 1), father of the deceased, on the same day at 21. 30 hours vide Ex. P-1 at Police Chouki, Ramtouriya, which was subsequently registered as a crime vide Ex. P-13 on 5-8-87 at Police Station, Bamnora. During investigation of the case, Sub-Inspector Krishna Mishra (P. W. 10) reached the spot, prepared the spot-map Ex. P-14, collected the plain and blood-stained earth and also seized other incriminating articles. Further, the body was sent for post-mortem and the report thereof vide Ex. P-8 was received. The seized articles were sent to F. S. L. , Sagar and the report thereof is Ex. P-24. After due investigation a challan was laid under Sections 147, 148, 149 and 302 of IPC but charges were drawn up only under Sections 148 and 302/149, IPC and not under Section 147, IPC. All the accused denied charges and pleaded false implication. On appreciation of evidence on records, the learned Second Additional Sessions Judge, Chhatarpur recorded acquittal of all other accused except accused-appellant Hardeo, who was convicted and sentenced as aforesaid.

(3.) HEARD Shri Jagat Sher Singh, learned Counsel for the appellant and Shri Raj Kumar Verma, learned Panel Lawyer for the respondent-State and, perused the appeal records.