HALKAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the Judgment and Sentence dtd. 15/12/2011 passed by Additional Judge, Vidisha to the Court of 2nd Additional Sessions Judge (Fast Track), Basoda, Distt. Vidisha in S.T. No. 75 of 2010 by which the Appellants have been convicted for the following offences : <FRM>JUDGEMENT_108_LAWS(MPH)7_2022_1.html</FRM>

(2.) It is not out of place to mention here that in total 8 accused persons were tried. Ramsewak son of Halkai and Gayaram son of Halkai were also tried along with the Appellants. However, they did not appear before the Trial Court on the date of judgment, therefore, warrants of arrest were issued against them. Although Ramsewak son of Halkai and Gayaram son of Halkai were also held guilty, but due to their absence, sentence could not be imposed by them. Therefore, Ramsewak @ Halkai and Gayaram son of Halkai are absconding.

(3.) The necessary facts for disposal of the present appeal in short are that on 7/10/2009, at about 7:30 P.M., Kashiram, Santosh, Goverdhan and Bandrobai were sitting in the house of Kashiram. Due to old enmity, the Appellants and absconding accused persons came to the house of Kashiram and started abusing them. When it was objected by Kashiram, then they started assaulting them. In order to save his life, Kashiram ran towards the house of Chittar. Halkai exhorted the remaining accused persons to kill Kashiram. Ramsewak assaulted on the head of Kashiram by farsa. By that time, the complainant Santosh, Goverdhan and Bandrobai also reached there. Dayaram gave a ballam blow on the head of Goverdhan and Karan pierced in his mouth. Halkai and Dhaniram assaulted on the head of Goverdhan, Santosh and Bandrobai. After hearing the noise, Chittar Singh Rajput, Ramraj and Mohan Namdeo reached on the spot. It is alleged that thereafter, the accused persons went away after extending threat. Himmat Singh and Chowkidar Narayan took the injured to the hospital on a jeep. An information was sent by Doctor to the Police Station Kurwai. Dehati Nalishi was written in the hospital on the information given by Santosh. The injured Kashiram, Bandrobai, Santosh and Goverdhan were sent for medical examination. FIR was registered on the basis of Dehati Nalishi. The spot map was prepared. Blood and plain earth were seized from the spot. The injured persons were shifted to Hamidia Hospital for treatment. Kashiram succumbed to injuries during his treatment. Safina form was issued. Lash Panchnama was prepared. The post-mortem of the dead body of Kashiram was got done. The statements of witnesses were recorded. The Appellants were arrested and weapons of offence were seized. Query report was obtained from the Doctor. Police after completing investigation filed charge sheet against 8 accused persons (Including 6 Appellant) for offence under Ss. 323,294,147,148,149,307,302 and 506 of IPC and under Sec. 25/27 of Arms Act.