GANJE ALIAS GAJRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the accused/ appellants having being aggrieved a judgment dated 24th November 2003 of conviction and sentence delivered in Sessions Trial No. 9/2003 by the First Additional Sessions Judge Bhind, convicting appellant/accused No.1 Ganje @ Gajraj for commission of murder of one Rambabu under Section 302 of I.P.C. and appellant/accused No.2-Ram Kumar for his joint liability with accused Ganje in commission of murder, which is an offence punishable under Section 302/34 of I.P.C. and sentencing both of them to suffer life imprisonment with

(2.) CR.A.No. 704/2003 a fine Rs. 1000/- each and in default to serve additional six months' rigorous imprisonment. However, by the same judgment, the learned trial court acquitted other co-accused Ram Lakhan of the charge under Section 302/34 of I.P.C. (2) The facts, in short, just for the adjudication of the matter are that on 3rd October 2002, Ram Lakhan, chowkidar and Sudama, Kotwar of village Jakhmoli were informed that one dead-body was lying near funeral ground on the bank of river Sindh. They, after verifying such information, intimated to police station Nayagaon district Bhind. In turn, a Marg Report (Ex.P/2) was written by a Station House Officer and CRime No. 8/2002 was registered. Later on, Marg was inquired into and postmortem of dead body of that unknown person was performed in the District Hospital Bhind. After inquiry, the FIR was lodged on 4th October 2002 against unknown accused at CRime No. 54/2002. During investigation, it appeared from the statements recorded by the Investigating Officer that prior to discovery of dead body in village, at about 11 a.m., all three accused, namely, Ganje @ Gajraj, Ram umar and Ram Lakhan went to the residence of Rambabu at village Karmara (U.P.) and asked him to accompany them for purchase of goats. He on persuasion by all the three accused left for village Jakhmoli and thereafter never returned back. It was gathered in the investigation that accused Ganje @ Gajraj, Ram Kumar, residents of village Jakhmoli (M.P.) and accused Ram Lakhan of village Mahoba, Police Station Madhogarh district Jalon (U.P.) committed his murder. The accused were arrested and after

(3.) CR.A.No. 704/2003 and sentence of the accused be upheld. (5) The question for consideration in this appeal is whether the ingredients of offence of murder are proved by the testimonies of chance/eye-witnesses, medical evidence and recovery of weapon used in crime including the motive behind the incident and/or whether the learned trial Judge has committed any illegality in placing reliance on the said materials before reaching at the conclusion. (6) Heard the learned counsel appearing for the appellants and the learned Public Prosecutor for the respondent/State. Also perused the record of the trial court and the law applicable to the present case. (7) To prove the guilt against the accused, the prosecution examined Shiroman (PW-4), an elder brother of deceased Rambabu. He, was also a witness of last seen and thereafter had an occasion to have identified dead- body of the deceased to be of his younger brother, after seeing photographs of the dead body. Heeralal (PW-8) and Dev Singh (PW-13) are the witnesses, who saw the deceased Rambabu with accused Ganje, Ram Kumar and Ram Lakhan and on asking the deceased he informed to them that he is going to purchase the goats with accused- persons. Ramsiya (PW-10) and Kallu (PW-11) are chance witnesses who visualized the incident of death caused by accused Ganje @ Gajraj on the spot near burial place on bank of river Sindh. Udal Kori (PW-3) is the witness, who saw accused washing an Axe stained with blood and on his query, accused informed that they had cut Rambabu,