BATHIA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Cr.P.C. is directed against the judgment & order dated 25.9.1997, passed by the First Additional Sessions Judge, Barwani (West Nimar), whereby convicted the appellant under Sections 304(I) & 394 of IPC and sentenced him to undergo RI for 3 years & 2 years respectively with fine of Rs.500/-; in each default of payment of fine to undergo additional SI for one month. He has further been convicted under Section 397 of IPC and sentenced to 7 years RI.

(2.) According to the prosecution, on 22.6.1996 at about 8.30 PM in the night when Bhagwan S/o Nabu (PW3) and Mohan S/o Rukhdu were returning to their village on a motorcycle and when they reached in between Dawana Lakhangaon, where the accused persons kept telephone wires on the road and tied the same between the two corners of the road, due to which their motorcycle was unbalanced and they fell from the motorcycle. At that time three persons who were armed with lathi and knife came there and tied the hands and legs of Bhagwan (PW3) and Mohan, who was a pillion rider on the said motorcycle, and taken them to the agriculture field. They also tied their mouth. Thereafter, they saw that a yellow light police Bullet was going from Lakhangaon approach road to Thikri side. On being seen this the accused persons ran away from the place of occurrence.

(3.) Bhagwan (PW3) somehow un-tied his hands and legs and, thereafter, when he un-tied the hands and legs of Mohan (PW2), he found him dead. PW3 came to Dawana and narrated the incident to Manakchand (PW1) and Mahesh Tiwari. On 22.6.96 at 3 AM in the morning the report (Ex.P/2) was lodged by PW3. The appellant was arrested on 1.7.96. The matter was investigated by SHO police station Thikri where the offence was registered and after completion of the investigation charge sheet was filed against the appellant before the Judicial Magistrate First Class, Anjad for an offence punishable under Sections 302, 394 and 397 of IPC, who in turn committed the case before the trial Court. On 30 th November, 1996 charge was framed under Sections 302 and 394 read with Section 397 of the IPC. Accused abjured the guilt and claimed trial.