RAMLAL PRABHULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is filed by 28 persons, who stand convicted under Sections 302/149 of the Indian Penal Code on two counts that is for committing murder of Ramnarayan and Ramesh and sentenced to suffer imprisonment for life on each count and to pay fine of Rs. 300/ - each and in default to suffer Rigorous Imprisonment for three months on each count with a direction that both the sentences shall run concurrently, in Sessions Trial No. 21 /85 by the judgment dated 8 -9 -1990 rendered by Addl. Sessions Judge, Rajgarh (Biora). Widows or legal representatives in their absence of each deceased have been directed to be paid a sum of Rs. 3,000/ - out of the fine deposited or realised as compensation.

(2.) THE appellant Laxminarayan, who is also one one of the appellants in Criminal Appeal No. 450/90, has also preferred a separate appeal No. 424/90 against the aforesaid judgment.

(3.) ADUMBERATED in brief, the facts as are relevant for this appeal are that the deceased Ramnarayan and his son Mohanlal (PW -21) faced a case under Sections 302/34 of the Indian Penal Code for the offence of murdering one Kaluram, erstwhile Sarpanch, in which, Ramnarayan had absconded. Later, he appeared before the Court and was admitted to bail by the order of High Court. Anticipating fear from Lodha community, Ramnarayan and his members of family shifted to Narsinghgarh to settle there. On 27 -3 -1984, Ramnarayan proceeded to lodge a report in Police Station Mau against the damage done to his property. His servant Mishrilal (PW -12) also accompanied him. After lodging the report, they came to village Gagahoni at about 3.30P.M. and alighted from the bus. Ramnarayan went to the shop of Laxminarayan (PW -15) for drinking water whereas Mishrilal (PW -12) and Chaukidar Amarchand (PW -3) got busy in loading the wood of Ramnarayan on the bus. At this stage, the accused persons, being members of an unlawful assembly, mounted murderous attack on Ramnarayan by means of guns, Ballam, Farsi, axe and lathis. His son came to rescue him, but he too was assaulted. Later they put the wood on them, sprinkled kerosene and set the fire. Thus, they were roasted alive. Shiv Singh, Constable (PW -26) had tried to intervene without success since some one among the accused persons had hurled a ballam on him. A report (Ex. P/62) was entered in Roznamcha by Chatrapal Singh (PW -10) on the information given by Awadh Bihari Conductor (PW -3) as directed by Shiv Singh (PW -26) Dehati Nalishi (Ex. P/19) was registered. Formal First Information Report was registered as Ex. P/63. Report (Ex. P/64) had come from Narsinghgarh Police Station. Weapons were seized pursuant to disclosures under Section 27 of the Evidence Act. Dead bodies in full flames were found at the bus -station. The post mortem was performed by Dr. D. K. Satpathi (PW -27) whose reports are Exs.P/99 and P/101. Reports from Chemical Examiners are Ex. P/105 and Ex. P/106. Spot maps were prepared. Blood stained earth and clothes were also seized. After investigation, challan was put up in the Court against 32 accused persons out of whom, Roshan is absconding, Chatrulal s/o Bhagya is dead. Charges under Sections 120B, 302/149, 302/109, 324 of the Indian Penal Code and Section 27 of the Arms Act were framed. The accused persons pleaded not guilty to the charges as levelled against them and urged that they have been falsely roped in due to pre -existing enmity. On trial, Dattatrya and Laxman Singh have been acquitted whereas remaining 28 persons have been convicted and sentenced as above.