RAKESH PATEL Vs. STATE OF M P

JUDGEMENT

(1.) The above named eight appellants have been convicted for an offence under Section 302 /149 of the Indian Penal Code for committing the murder of Santu alias Santosh. They have also been convicted for offences under Sections 307 /149, 323 /149, 324 /149, 325 /149 and 452 of the Indian Penal Code and sentenced to different terms of imprisonment with fine stipulation. Apart from this, appellant Nos. 3, 4, 7 and 8 have been convicted for an offence under Section 147 of the Indian Penal Code and appellant Nos. 1, 2, 5 and 6 have been convicted under Section 148 of the Indian Penal Code and sentenced to six months and one year rigorous imprisonment respectively. It is to be noted that in all 15 accused persons were prosecuted and the Trial Court has acquitted seven of them. According to the prosecution case, 6/7 months prior to the date of incident appellant Nos. 1 and 2 had reportedly committed gang rape on the cousin of Bhumanideen (P.W. 7) in which Santu alias Santosh and Ratiram (P.W. 8) were important witnesses. The appellants and their family members were, therefore, exerting pressure on them to soften their stand but they declined to do so. On 13-5-2003 at about 5.00 p.m. Santu alias Santosh, Bhumanideen and Ratiram were sitting together in the house of Brajlal (P.W. 6). At that time Brajlal left the house to attend the call of nature in the field. After sometime, call for help from the field of Brajlal was heard. Immediately thereafter the accused persons, including the appellants, armed with weapons like lathi, farsa and axe entered the house of Brajlal and caused injuries to Santu alias Santosh, Bhumanideen, Brajlal and Ratiram. The accused persons also caused injuries to Tantu Bai (P.W. 15) and Amrish (P.W. 16) when they intervened. All the victims were carried in a motor vehicle to the Primary Health Centre and on way Bhumanideen lodged the First Information Report at Police Station, Rajnagar, District Chhatarpur. In the Health Centre, Dr. Suresh Jataw (P.W. 19) provided medical treatment to the victims. There Naib Tehsildar, R.L. Bagri (P.W. 4) also recorded the dying declaration (Exh. P-2) of Santu alias Santosh who later succumbed to the injuries on 14-5-2003.

(2.) The police, after investigation, charge-sheeted 18 accused persons for committing the murder of Santu alias Santosh with a common object after forming an unlawful assembly. The police also charge-sheeted them for attempting to commit the murder of Bhumanideen and causing injuries to Brajlal, Ratiram, Tantu Bai and Amrish apart from offences under Sections 452, 147 and 148 of the Indian Penal Code.

(3.) During the trial, the accused persons pleaded not guilty to the charges and contended that they had been falsely implicated.