JHALLE Vs. STATE OF M P

JUDGEMENT

(1.) ACCUSED/appellant-JHALLE (hereinafter referred as 'the accused') has filed this appeal against the judgment and sentence dated 6-3-1990 passed by the learned Additional Sessions Judge, Panna in Sessions Trial No. 71/88 convicting him of the offences punishable under Sections 302 and 201, IPC, awarding sentence of rigorous imprisonment of life and five years respectively with a further stipulation that both the sentences would run concurrently. By the same judgment, co-accused Lakkhu @ Lakhan Lal has been acquitted.

(2.) IN brief, the case of prosecution is that deceased Shivshanker Sharma (hereinafter referred as 'deceased') was serving on the post of 'forest Guard'. On 7-5-1988, deceased Shivshanker went on his bicycle to his place of duty. He was in uniform and was also wearing a wrist-watch. At his duty place, he took attendance of labourers working under him. Ram Das (P. W. 2), and Sharan Singh (P. W. 4), are the labourers of Forest Department and were serving under the deceased. On 7-5-1988 during his duty hours, the deceased caught accused persons with 'achar' (a forest produce) and teak wood, etc. , and brought them to Village Gandhigram at 7. 00 P. M. Preliminary formalities were performed by him at the house of Mannulal (P. W. 1 ). The deceased, in presence of Mannulal, kept the seized articles, in his house with a direction, whenever he would sent the slip, seized goods be delivered back.

(3.) THE accused persons, offered bribe of Rs. 50/- to the deceased with a request to close the matter, but, he did not accept the said amount and directed them to accompany him up to Panna. They proceeded through the Jungle route from Village Gandhigram in the night at 9 P. M. On the next day, Ram Das (P. W. 2), Sharan Singh (P. W. 4) and Mannulal (P. W. 1), came to Panna and entreated A. K. Tiwari (P. W. 3), Ranger for the payment of their wages. Shri Tiwari directed them to call Forest Guard Shivshanker (the deceased ). These persons went to the house of the deceased where they were informed by his wife that deceased had not returned home. These witnesses narrated the said fact to Ranger Shri A. K. Tiwari. At the same time Chandra Datt Sharma, the father of the deceased, came and submitted a report (Ex. P-22) to Shri A. K. Tiwari stating therein that the previous day his son went to his duty place, in the Jungle, but he had not returned. On receiving such report, Ranger Shri Tiwari lodged a written report (Ex. P-21) on 8-5-1988 at 9 P. M. at the Police Station, Panna. The police registered it as 'missing Person' report (4/88 ). Shri J. P. Khare, Town-Inspector of Police Station, Kotwali, Panna started investigation and went to Village Gandhigram where he recorded the statements of witnesses. Upon enquiry, it was learnt by him, that on 7-5-1988 at about 9 P. M. , the deceased was with the appellant. Thereafter, Shri Khare along with Ranger Shri A. K. Tiwari, Sharan Singh and Ram Das went to the house of accused persons and made queries. The accused persons disclosed the fact that they had committed murder of the deceased. His dead body and his belongings namely uniform, shoes, bag, etc. were seized at the instance of the accused. The dead-body of the deceased was sent for post-mortem and the Autopsy Surgeon Dr. A. K. Mishra (P. W. 7) after post-mortem opined that deceased died on account of head injury. The post-mortem report is Ex. P-42.