MADRUSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 227/ 85, filed by the appellants Shanker Singh and Madrusingh who are also appellants, along with four others in this appeal, preferred against the same judgment.

(2.) This appeal has been directed against the judgment dated 10-5-1985 in Sessions Trial No. 23/85; rendered by Tenth Additional Sessions Judge, Indore thereby convicting appellant Baliram under sections 147 and 302/149 and remaining appellants under sections 148 and 302/149 of the Indian Penal Code and sentencing them to suffer imprisonment for life as also Rigorous Imprisonment for two years with a direction that these will run concurrently. Co-accused Bhagirath died during the trial.

(3.) Briefly stated the prosecution case at the trial was that the first wife of the deceased Peerasing was abducted by Bhagirath (now dead) which had led-to an incident of assault on Bhagirath by Peerasingh and his companions. Bhagirath sustained injuries in this and his one leg was amputated. On trial, Peerasingh, Ambaram and Haridas were held guilty of the offence punishable under section 307 of the Indian Penal Code and were sentenced to suffer three years rigorous imprisonment. They suffered this sentence. After one year from the release of Peerasingh, Bhagirath and his relations planned to murder Peerasingh due to this old enmity. On 7-8-1984, the date of incident, Peerasingh and his wife Ramkanya (P.W. 1), started on cycle from Hatod to reach their village Kalmer. Appellant Shanker Singh crossed them and obstructed their way by his cycle, near Kankad. Peerasingh was assaulted by Kamal Singh by means of a sword on neck. He and his wife thus, fell down. Appellants Mangilal, Madrusingh, and Deokaran, who were hiding till then, appeared armed with weapons peerasingh ran for his life towards the field of Bhagirath. The appellants chased him and put him on the ground in the field of Bhagirath and mounted murderous assault with their deadly weapons. Kamalsingh and Madrusingh were armed with swords; Mangilal and Shanker Singh were armed with axes and Deokaran was armed with Farsi. In the meantime, Baliram, armed with Lathi and Knife, joined other accused persons. Bhagirath exhorted them to chop off the head of the deceased. Ramkanya intervened, but she too was assaulted and sustained injuries on her hand and leg. Mean while one Matador came there with Gordhan (P.W. 2), Rameshwar, Sunder and Haridas (P.W. 4) as its occupants. Ramkanya cried for help resulting in stoppage of the vehicle. On seeing the occupants alighting, the accused persons took to their heels. Peerasingh scummed to the injuries sustained by him on his way to Police Station. Ramkanya (P.W. 1) lodged the-First Information Report (Ex. P1). The dead body was sent for postmortem examination. Dr. Nishikant Kochar (P.W. 5) performed the postmortem on 8-8-1984 and gave report (Ex. P6). Peerasingh sustained as many as 14 incised wounds on various pans of his body. P.W. 1 Ramkanaya was also examined. Injury report is Ex. P7. Spot maps (Ex. P2 and P9) were prepared. Weapons were seized from the appellants pursuant to the disclosure made under section 27 of the Evidence Act. Blood stained earth as also sundry articles were seized from the spot. Blood-stained pant of the accused Kamalsingh was also seized. All these articles were duly sealed and forwarded to Chemical Examiner for examination. The report is Ex. P28. After completion of investigation, Challan was filed against the present six appellants and Bhagirath. Charges under section 148 (Baliram undersection 147 of the Indian Penal Code) and under section 302 and in the alternative under section 302/149 of the Indian Penal Code and under section 324, of the Indian Penal Code (on all except Baliram) were framed to which the appellants pleaded not guilty. On trial, the appellants were convicted and sentenced as above. Hence, the aforesaid two appeals (Criminal Appeal No. 214/85 and 227/85) have been preferred. They were, however, acquitted of the offence punishable under section 324 of the Indian Penal Code, on the ground that it was not established as who, among the accused persons caused the injuries to P.W.1.