GHANSHYAM YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This common judgment shall also govern disposal of Criminal Appeal No.483 of 2011 filed by appellant -Arvind alias Lalla. Since the factual matrix in both the criminal appeals is same, therefore, for the sake of convenience, they are heard simultaneously.

(2.) Being dissatisfied with the judgment of conviction and sentence dtd. 29/3/2011 passed by Special Judge and Additional Sessions Judge, Datia (MP) in Sessions Trial No.123 of 2006, both Criminal Appeals under Sec. 374(2) of CrPC has been preferred, by which appellants have been sentenced and convicted as under:- <FRM>JUDGEMENT_49_LAWS(MPH)5_2022_1.html</FRM>

(3.) In brief, case of the prosecution is that on 11/9/2006, at around 11:45 am, complainant Hakim Singh (PW4) lodged a report at Police Station Dursada, District Datia with the allegation that on the said date, at around 08:30 in the morning, his uncle Sahab Singh had gone outside for attending the call of nature. Accused Ghanshyam Yadav, Ramkishan, Bharat & Prakash armed with farsa, Vansingh armed with luhangi, Ramsewak, Ravindra, Arvind, Narendra, Kallu and Chandan armed with lathi reached the agricultural field and hurled abuses and when his uncle Sahab Singh objected to it, all accused persons within intention to kill committed marpeet by their respective weapons with his uncle as a result of which, his uncle Sahab Singh sustained injuries on various parts of his body and blood started oozing. When he along with his father Ramswaroop, uncle Afsar, aunt Avdeshbai and grand-mother Prembai came there for rescue, all accused persons committed ''marpeet'' with them as a result of which, his father Ramswaroop sustained injuries on various parts of his body and blood started oozing, his uncle Afsar sustained contusion injury on his head and his aunt Smt.Avdeshbai sustained injuries on her head and blood started oozing after sustaining injuries on various parts of her body. His grand-mother Prembai also sustained contusion on her head. Complainant Hakim Singh also sustained injuries on his head and blood started oozing after sustaining injuries by him on the finger of his right hand and left leg. On the basis of aforesaid report lodged by complainant Hakim Singh, FIR was lodged at Crime No.72 of 2006 vide Ex.P9 for commission of offences under Ss. 147, 148, 149, 294, 323, 307 of IPC. The injured persons were sent for medical examination on the same day i.e. 11/9/2006. On the basis of merg intimation vide Ex.P14 and Ex.P48 of death of Ramswaroop and Sahab Singh, Merg Report No.405/2006 and Merg Report No.406/2006 were recorded separately. Postmortem of deceased Sahab Singh and Ramswaroop were conducted on 12/9/2006. Matter was investigated. Blood stained and plain soil were collected. Accused were arrested. Deadly weapons i.e. farsa, lathi and luhangi were seized and the same weresent to FSL for examination. Statements of witnesses were recorded and after completion and other formalities, the police filed charge sheet before the Court concerned from where, the case was committed to Sessions Court for its trial.