VEERAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the instant criminal appeal against the impugned judgment and findings recorded by the 1st Additional Sessions Judge, Raisen in S.T. No. 115/89 whereby they were held guilty for the offence under section 302/34 of the Indian Penal Code for committing murder of Ajab Singh and sentenced to life imprisonment, but were acquitted of the charges under sections 307 and 307/34. Indian Penal Code for attempt to murder Radhelal. Instead accused Lakhan alone was convicted for lesser offence under section 323, Indian Penal Code on that count and sentenced to undergo rigorous imprisonment for three months. However, all the accused persons were acquitted of the charge under section 148, Indian Penal Code and accused Munna and Chetu were acquitted of all the charges.

(2.) Succinctly narrated the facts of the case are that on 24/3/1985 at 2 OTclock in the day time Kublabai, daughter of Radhelal (P.W. 7), had gone to the village water tank for fetching water where accusedappellant Summa Gond made some indecent comments of which she complained to her parents. Her father Radhelal (P.W. 7) in order to chasten and forbid accused Summa against any such advance proceeded with deceased Ajab Singh to make a complaint to Summas father-in- law accused Veeran. At that moment, accused appellants appeared on the spot armed with deadly weapons. Accused Veeran and Summa were armed with Gandasa and the rest with lathis. Visualising a danger, when they started retreating towards their houses, they were attacked by the accused. That very moment, accused Munna (since acquitted) also arrived and exhorted of her accused persons to cause assaults. Accused appellant Summa caused Gandasa blows on the head and shoulder of Radhelal (P.W. 7) whereas accused Lakhan dealt a lathi blow on his hand. Accused Summa also caused Gandasa blows to deceased Ajab Singh and others dealt lathi blows. As a result, Radhelal and Ajab Singh collapsed and became unconscious. An F.I.R. was lodged on 24/3/1985 at 17.45 hours by Radhelal (PW. 7) whicn contained a mention that Summa and Lakhan caused Gandasa and lathi injuries to deceased Ajab Singh and further the deceased was also assaulted by other accused persons but since the F.I.R. was not proved and exhibited it lost its corroborative value. The incident was witnessed from a distance by Tulsiram (P.W. 1). Nanhelal (P.W. 2) Onkar Singh (P.W. 3) and Gomtibai (P.W. 8) who objected but could do nothing. Having dealt blows the accused returned homes. The injured were carried in a tractor trolley by Nanhelal etc. to police station where Radhelal (P.W. 7) injured witness lodged a report and thereafter they were sent for medical examination. Dr. L.C. Kasturiya (P.W. 6) found five injuries on the body of Radhelal (P.W. 7) and advised x-ray as per his report Ex.P /16. Dr. Kasturiya (P.W. 6) also examined deceased Ajab Singh and found following three injuries; (i) lacerated wound on right parietal region along midline iTT lateral 3 x 1/4T1 bone deep. Fresh bleedings, advised X-ray of skull; (ii) Incised wound on left parietal region oblique downward laterally margin smooth clear cut 4 x 1/3 bone deep. Fresh bleeding advised X-ray of skull; (iii) Bruise and swelling on left forearm 114th dorsals 2T1 x iTT. According to him, the injury No.1 was caused by a hard and blunt object and the injury No.2 by a sharp edged weapon within a duration of 4 to 6 hours, whereas the injury No.3 was found to be simple and also caused by a hard and blunt object. As his condition was deteriorating. Ajab Singh was referred to Hamidia Hospital, Bhopal. During his medical treatment there Ajab Singh died on 25/3/1985. The inquest of his dead body was prepared by Head Constable Khubnarayan P.W. 9 as per Ex.P/14 and the dead body was sent for post-mortem as per memorandum Ex.P/15. The postmortem was conducted by Dr. D. K. Satpathi (P.W. 11) who found as many as 17 injuries. In his opinion death was caused due to shock and haemorrhage as a result of injuries to the head and chest region. The injuries were caused by hard and blunt object and were homicidal in nature. The duration of death was within 24 hours from the Post-mortem examination. After usual investigation, a challan was a laid against six accused persons including the present appellants and charges were drawn up for offences under sections 148, 302, 307 and alternatively under sections 302/149 and 307/149 of Indian Penal Code against all the accused persons which they denied and sought a trial. The prosecution led direct evidence by examining as many as five eyewitnesses and produced six other Witnesses on different circumstances including the 4 medical evidence and spot map etc.

(3.) On a minute scrutiny of the prosecution evidence the trial Court came to a conclusion that accused Munna and Cheru were not present on the spot but held accused appellants Summa. Lakhan. Ramcharan and Veeran guilty of the assaults. All the accused were absolved of the charge of forming an unlawful assembly and being the members thereof. From an analysis of their evidence. Tulsiram (P.W. 1) Nanhelal (P.W. 2), Onkarsingh (P.W. 3) and Gomtibai (P.W. 8) were found to be present and to have seen the incident. Their evidence on record established that all the four accused appellants caused injuries to deceased Ajab Singh by the weapons they carried. The injuries assigned to each of them found corroboration from the seizure of their weapons as Gondasa from accused Summa and Veeran and lathis from Ramcharan and Lakhan, although they displayed no blood stains is the premises, the trial Court recorded the aforesaid convictions and sentences.