KALLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In all 5 persons were put to trial in S.T. No. 104/84 (State v. Baldeva and others) before Sessions Judge. Guna. On 18/6/1986 three were acquitted. The appellant and his father Baldeva S/c Dhannuji were convicted under Sections 302/149 and 148 of the Indian Penal Code (for short Code only) and sentenced to undergo life imprisonment and one yearTs R.I. with a direction of concurrent execution of the both. However, Baldeva the father of present appellant died during the pendency of the appeal, which abated as per order of the Court dated 26/9/2001.

(2.) As per prosecution, Arjun (PW 5) and his elder brother Bhagsingh are bhumiswamis of Khasra No. 423/2 area 0.512 hectare in which two mango trees were situate late Baldeva. father of the present appellant, had taken these mango trees on batai. On 27/5/1984 in the morning time, deceased Khushilal was seen lying in badly injured condition below one of the mango trees. Gyarsilal (DW 2) informed the Police that deceased Khushilal had come to steal mangoes and had fallen down from the same as watchman, Baldeva and appellant and others saw him and tried to catch him. However, deceased Khushilal narrated them different story that 6 or 7 persons armed with barchhi and lathis had be laboured him taking him to be one of the thieves, who had come to steal mango fruits. He named the appellant his father Baldeva and three others. who were coaccused in the trial Court. Dehati nalishi (Ex. P/7) was recorded. Deceased Khushilal was sent for medical examination. Dr. A.P. Agalwal (PW 2) medically examined him and recorded his dying declaration vide Ex. P/3A on requisition of Police. Later on Sanjay Kumar Deewan (PW 1). Executive Magistrate also recorded dying declaration (Ex. P/1) on the same day. However deceased Khushilal succumbed to his injuries. His autopsy as done by Dr. A.P. Agrawal (PW 2). On 29/5/1984, the appellant was arrested with other co-accused vide Ex. P/12. He disclosed the barchhi used in the offence vide Ex. P/13 and the same was seized. concealed in the grass heap from his barn, vide Ex. P/15. A barchhi was seized from co-accused Sagar also while lathis were seized from other 3 co-accused. When the barchhi. seized from the appellant, was sent to Chemical Examiner, he noted blood on it vide Ex. P /27 and the Serologist noted human blood on the same vide Ex. P/29. After due investigation a charge-sheet was filed under Sections 307, 147, 148, 149 and 302 of the Code against the appellant and co-accused.

(3.) The appellant pleaded not guilty. He has pleaded complete innocence and denied seizure of barchhi from him. According to him, he was falsely implicated due to enmity. Similar defences were taken by other co-accused. However, Bhagwatsingh (PW 1) and Gyarsilal (PW 2) were examined by the defence with the story that deceased Khushilal had gone to steal mango crop and on being surprised by oncoming watchman, had fallen down the true and was injured.