SANJU@RAM SAJIVAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 13.09.2002 passed by I Additional Sessions Judge, Katni in Sessions Trial No.532/2000 convicting and sentencing them as under: <FRM>JUDGEMENT_50_JLJ3_2012_1.html</FRM>

(2.) In short, the prosecution case is that on 16.5.2000, at about 10:30 p.m., when Sunil (PW-3) heard that appellant Sanju was beating Ramvishal in front of his house, he rushed to that place. Moujilal(PW-2), Rampal (PW-10) and Sendhubai (PW-9) also reached there. They intervened and Moujilal snatched away the stick from the hand of Sanju. Other appellants were also present there. A few minutes thereafter when Sarpanch Lakhan Patel, the elder brother of Sunil, reached there and told to appellant Jagdish Patel as to why he was making them quarrel and why he did not ask the boys to refrain from quarreling, appellants Jagdish and Durga Patel told that their real enemy had come and appellants should kill them. Appellants Ayodhya and Sanju immediately thereafter brought a farsa and sword from the Parchhi of their house. Sanju dealt a blow of farsa on the head of Lakhan due to which he fell down. When Sunil (PW-3) tried to catch Sanju, appellant Ayodhya dealt blows of sword to him causing injuries on his neck and left scapula. All the four appellants then caught Sunil and carried him inside their house, but somehow he escaped by jumping over the wall of the house. Sunil and Ramvishal carried injured Lakhan on a motorcycle to police station Barhi where Sunil (PW-3) lodged the first information report Ex.P/11 at 11:00 p.m. Station Officer B.D.Pandey (PW-11) sent the injured persons to Primary Health Centre, Barhi for treatment and medico legal examination. Dr. Kamla Patel (PW-1) examined the injuries of Lakhan Patel, Sunil and Ramvishal. Lakhan Patel was unconscious and was vomiting. There was an incised wound on his head and his brain matter was exposed. He referred Lakhan Patel for X-ray examination and effective treatment to Government Hospital, Katni. Dr. Kamla Patel found two incised injuries on the body of Sunil and four injuries of hard and blunt object on the body of Ramvishal. Lakhan Patel was further examined by Dr. Anupam Dixit (PW-12) of Medical College, Jabalpur and Dr. Alok Agrawal (PW-14), neuro-surgeon of Jabalpur Hospital. Radiological examination was performed by Sanjay Kumar (PW-13) in Medical College, Jabalpur.

(3.) During investigation, accused persons were arrested and weapons were seized from their possession. After further requisite investigation, charge sheet was filed and case was committed for trial.