CHANDRABHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This common judgment shall also govern disposal of Criminal Appeal No.102 of 2012 filed by appellants Ravi and Santosh and Criminal Appeal No.160 of 2012 filed by appellants Ashish and Ramprakash. Since the facts and circumstances of all the criminal appeals are the same, therefore, for the sake of convenience, they are heard simultaneously.

(2.) Being dissatisfied with the impugned judgment of conviction and sentence dtd. 16/12/2021 passed by Special and Additional Sessions Judge, Datia (MP) in Sessions Trial No.1 of 2007, the present Criminal Appeals under Sec. 374(2) of CrPC have been preferred by the appellants by which, they have been convicted and sentenced as under:- <FRM>JUDGEMENT_113_LAWS(MPH)5_2022_1.html</FRM>

(3.) Prosecution case, in brief is that on 9/4/2006 at around 07:30 pm Deepak Chaurasiya (PW4) lodged a Dehati Nalishi at Police Station Civil Line, Datia alleging therein that on Saturday, a Bhandara was organized at the Temple of Bumb Mahadev and when Bhandara was going on, one old lady, namely, Ramrati who was residing behind the Mandi, was beaten by accused Ghanshyam, therefore, accused Ghanshyam was also beaten by the complainant party and on account of said incident, in the morning of 9/4/2006, accused Rakesh, Ravi, Ashish, Santosh, Chandrabhan Yadav, Govind Singh, came there and asked the complainant Deepak Chaurasiya as to why Ghanshyam was beaten and at that time, they assaulted him and at that juncture, uncle of complainant Mahesh Chaurasiya intervened the matter. Thereafter, all accused persons went from the place of occurrence by giving a threat to complainant Deepak Chaurasiya to kill him. Thereafter, in the afternoon of 9/4/2006 accused Ashish, Ghanshyam and Ramprakash came to the house of old lady Ramrati and beaten her and this fact was narrated by Ramrati to Mahesh Chaurasiya, uncle of the complainant. Again, accused Ashish and Ramprakash came to handcart shop of Mahesh Chaurasiya and some hot talks took place there and thereafter, went from there by giving a threat to kill him. On the same day, at around 07:30 pm, complainant Deepak Chaurasiya, his uncle Mahesh Chaurasiya and brother Arjun were standing on the said shop, all accused persons come there on Suzuki motorcycle. Accused Ravi, Ashish and Rakesh were armed with katta and thereafter, surrounded the uncle of complainant Mahesh Chaurasiya and on the exhortation of accused Ramprakash, accused Rakesh caused a gunshot fire from his Katta on the head of Mahesh Chaurasiya and at the same time, when other uncle of complainant Munnalal Chaurasiya who was doing Chowkidar at the shop of one Ratanlal, also came there for rescue, then accused Ashish fired a gunshot from his katta which hit on the chest of Munnalal Chaurasiya as a result of which, he fell down on the ground. When they tried to caught hold of the accused, accused Ravi also caused gunshot fire but they saved themselves. Both Mehesh Chaurasiya and Munnalal Chaurasiya died on the spot due to gunshot injuries sustained by them.