HUKUM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal under Sec. 374 (2) of CrPC has been filed challenging the judgment of conviction and sentence dtd. 29/11/2011 passed by Second Additional Sessions Judge (Fast Track Court) Vidisha (MP) in Sessions Trial No.02 of 2010, by which appellants have been convicted under Sec. 302/149 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000.00 each; for commission of murder of deceased Ganeshram and under Sec. 307/149 of IPC, sentenced to undergo life imprisonment with fine of Rs.1,000.00 each; for commission of murder of deceased Babloo and further, under Sec. 307/149 of IPC, sentenced to undergo seven years RI with fine of Rs.500.00 each for attempting to commit murder of complainant Ramu with default stipulations. Accused Hukum Singh and Pooran Singh have been convicted under Sec. 148 of IPC and sentenced to undergo RI of two years with fine of Rs.500.00 each; with default stipulation while rest of accused have been convicted under Sec. 147 of IPC and sentenced to undergo two years RI with fine of Rs.500.00 each; with default stipulation.

(2.) In brief, the prosecution case is that an information was given by Vinod (brother of complainant Ramu) on telephone that on 18/10/2009 that at around 07:00-08:00 pm his mother Rambai was set on ablaze by pouring kerosene on her by accused Omkar, Pooran and Pratap and thereafter, he along with maternal uncle Ganeshram and cousin Babloo went on the motorcycle from Ganjbasoda to see his mother Rambai and when they reached village at around 12:30 O'clock, they saw that all accused persons armed with ballam, sword, luhangi and lathi are attacking with intention to kill the complainant and his maternal uncle Ganeshram and brother Babloo. When they tried to save themselves, all the accused persons assaulted them and killed deceased Ganeshram and Babloo. At around 05:15 am, in the morning of next day, SHO of Police Station Kurwai, Ramkishore Gautam (PW13) reached the spot and recorded a Dehati Nalishi and on the basis of Dehati Nalish FIR vide Crime No.248 of 2009 for offences under Ss. 147, 148, 341, 307, 324, 323, 302 of IPC was registered against appellants-accused Ex.P6 and a merg was recorded under Sec. 174 of CrPC vide Ex.P7 on getting merg intimation. During investigation, SHO of Police Station Kurwai, namely, Ramkishore Gautam (PW13) recorded the spot map and Naksha Panchnama of dead body of deceased Ganeshram vide Ex.P9 and ExP11 as well as safina forms was prepared vide Ex.P10. Dr. PK Jain (PW1) examined the complainant injured Ramu and the postmortem of deceased Ganeshram and Babloo was conducted vide Ex.P3 and Ex.P5. From the spot, bloods-stained and plain soil were collected and incriminating articles viz. sword, Ballam, Plastic shoes, Belt and knife were seized vide seizure memo Ex.P13. From the road, three motorcycles were seized vide Ex.P13 and Ex.P.14 On 26/11/2009 in PHC Kurwai clothes of deceased Ganeshram and Babloo were seized vide Ex.P43 and Ex.P44 pand thereafter, the same were sent to FSL for examination. FSL report is Ex.P46. Thereafter, the police arrested accused persons and seized the weapons, recorded the statements of witnesses and after completion of investigation and other formalities, filed charge sheet before Court of JMFC Kurwai for offences under Ss. 147, 148, 149, 302, 307, 341, 323, 324 of IPC from where, the case was committed to the Sessions Court for its trial. The trial Court framed charges against appellants under Ss. 148, 307/149, 302/149 of IPC. Statements of accused were recorded under Sec. 313 of CrPC who denied the charges. Appellants in their defence pleaded that they have been falsely implicated. In support of defence, the appellants examined Sarswati Bai as DW1. Similarly, the prosecution in support of its case has examined as many as 13 witnesses.

(3.) The learned Trial Judge, after appreciating the entire evidence led by the prosecution and relying on the same, found charges against appellants as proved and accordingly, convicted and sentenced them for the offences as mentioned above in paragraph 1 of this judgment.