DASHRATH HARIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The above criminal appeals are being decided by this common judgment as all the appellants of CRA. No.1150/2012 and CRA No.1165/2012 have been convicted and sentenced for murder of "Nanji" and CRA. No.985/2014 has been filed against the acquittal of accused- Hariram S/o Motilal Jaat. CRA. No.1150/2012 and CRA No.1165/2012 have been preferred under Sec. 374 of the Code of Criminal Procedure, 1973 and CRA. No.985/2014 has been filed under Sec. 378 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C") against the judgment dtd. 29/8/2012 passed by Sessions Judge, Ujjain in Session Trial No.566/2009 whereby the appellants of CRA. No.1150/2012 and CRA No.1165/2012 have been convicted and sentenced as mentioned below:-

(2.) Prosecution story, in brief, is that on 4/8/2009, at around 06:00 P.M., the complainant- Shriram(PW-1), and his father Nanji(deceased) were riding on a motorcycle bearing registration No.M.P.-13- MA/P9813 to their agricultural land to check Soyabean crop and apply pesticide on it. The motorcycle was being driven by Nanji, the complainant Shriram(PW-1) saw that all the accused persons were standing on the road along with deadly weapons- Dharia, Farsi, 12 bore gun, and Lathi in their hands, therefore, he asked his father Nanji to slow down the bike, after which, he(PW-1) jumped from the bike and ran to the other side, one of the accused persons, Rajaram fired upon the deceased Nanji and Nanji ran towards the agricultural land belonging to Modiram, where the Nanji(deceased) was surrounded by all the accused/appellants and they started assaulting Nanji, resulting in injuries all over his body using Dharia, Farsi and Laathi. The deceased Nanji received various grievous injuries and succumbed to his injuries and blood loss on the spot, which were caused by the accused persons. At the same time, Prithviraj(PW-2), Chainram, and Ganpat(PW-4), who were coming from the other side, and seeing them, the accused/appellants fled. Shriram(PW-1) narrated the whole incident to his uncle Prithviraj(PW-2), then Prithviraj informed the police about the said incident. After receiving the information about the incident, the same was entered in the general diary (Roznamcha Sanha) at entry No.170/4/8/2010 (Ex.D-7) by Shri Arvind Tambe, (PW-12), the then Sub-inspector, Police Station- Ingoriya and proceeded to the spot and reached there at around 08:00 P.M., and recorded Dehati Nalishi(Ex.P- 1) as per the information given by Shriram(PW-1), against the appellants and accused Hariram and registered F.I.R.(Ex.P.-29) Crime No.236/2009 under Ss. 302, 147, 148 and 149 of I.P.C. During the investigation, Panchnama of dead body(Ex.P-3) was prepared and body of the deceased was sent for postmortem. The autopsy was done by Dr. B.B. Purohit (PW-5) and he prepared the autopsy report (Ex.P-6), according to the postmortem report, the cause of the death was due to "profuse hemorrhage as a result of incised stabbed injury. Head- leading sharp injury in the brain and stabbed incised injury in the neck, and in the chest, leading sharp injuries to the carotid artery and Aorta and opined that the death is homicidal in nature."

(3.) During the investigation, appellants and co-accused Hariram were arrested and after the completion of the investigation, charge-sheet was filed against the appellants and co-accused Hariram under Ss. 147, 148, 149, and 302 of IPC and Ss. 25 and 30 of Arms Act. Thereafter, the case was committed to session court, Dewas and the trial court framed the charges against the appellants and co-accused Hariram (except Rajaram @ Radha Kishan S/o Hariram Jaat) under Ss. 147, 148, and 302 r/w 149 of IPC and against appellant Rajaram @ Radha Kishan S/o Hariram Jaat charges were framed under Ss. 147, 148 and 302 r/w 149 of IPC and Ss. 25/30 of Arms Act and they denied the charges and pleaded for trial. After evaluating the evidence that came on record, the trial court found the appellants guilty and convicted and sentenced them as mentioned hereinabove. Being aggrieved by the said judgment of conviction and sentence, the appellants have filed these criminal appeals before this Court and against the acquittal of co-accused Hariram, the State has filed CRA No.985/2014.