DHANSAMPAT Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 29.11.2008 passed by Additional Sessions Judge in Sessions Trial No. 113/2008, convicting them under Sections 302 and 147 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 500/- and rigorous imprisonment for one year, on each count respectively. In short, the prosecution case is that on 1.7.2008, in village Kukariya Raiyat, at about 7-8 A.M., Kotwar Anup Das informed to residents of village to attend a meeting in 'Badi' of Laman Singh. All the residents of village including women and children assembled there at about 10-11 A.M. and meeting started. Complainant Dhan Singh, his brother Moolchand and mother Bajrahin Bai were also present there. In the meeting, accused Dhansampat Singh told to people that Bajrahin Bai, Hansi Bai, Mangli Bai and Ahiran Bai were witches and they were harassing the inhabitants of village of their witchcraft due to which people were falling ill. He asked to aforesaid women to tell as to disclose their goddess. People present in the meeting got excited and asked them that there should be no mis-happening in the village and they should refrain from devouring people. In the meantime, number of people including appellants started beating Hansi Bai, Mangli Bai, Ahiran Bai and Bajrahin Bai with fists and kicks. Some how Hansi Bai, Mangli Bai and Ahiran Bai escaped and ran away, but appellants bent upon beating Bajrahin Bai with intent to kill her. As a result of assault, Bajrahin Bai suffered injuries on her face, eyes and other parts of the body. Some persons intervened and tried to pacify assailants. Dhan Singh rescued Bajrahin Bai and took her home. At about 5 O' clock in the evening, however, Bajrahin Bai succumbed to her injuries.

(2.) Dhan Singh went to police station Bajag and lodged the report Ex. P/1, at 11.30 P.M. Police registered an offence under Sections 147 and 302/ 149 of the Indian Penal Code against the accused persons and reached the spot. Investigating Officer Bhagat Singh (PW14) in the presence of Dhan Singh (PW1) and Moolchand (PW2) conducted inquest proceedings and recorded memorandum Ex. P/4. He sent the body of Bajrahin Bai for postmortem examination to Community Health Centre, Bajag. Dr. P.C. Verma (PW13) conducted postmortem examination and found four injuries caused by hard and blunt object on the body. There was no fracture of any bone. In his opinion, death of deceased was caused due to shock hemorrhage and pneumonia as the deceased was old, weak and emaciated woman.

(3.) After requisite investigation, charge sheet was filed and the case was committed for trial.