CHINTULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Section 374 (2) of the Criminal Procedure Code 1973 preferred by the accused/appellant is directed against a Judgment dated 7th February 2005 delivered in Sessions Trial No. 144/2004 by the Sessions Judge Shivpuri (M.P.), convicting the appellant for committing offence under Section 302 of I.P.C. for causing murder of four persons, namely, Rashmi daughter of Prakash, aged 17 years, Kranti, daughter of Prakash aged 11 years Rampyari wife of Chintulal aged 60 years, and Akash son of Prakash, aged 4 years, and sentencing him to suffer imprisonment for life with a fine of Rs.500.00 and in default to undergo additional simple imprisonment of one month.

(2.) BRIEFLY narrated the prosecution case is that on 18th April 2004 at about 3.00 a.m., in night, complainant Smt. Mithileshbai (PW-1) wife of Prakash Dhakad, a resident of village Gangora, Police Station Survaya, district Shivpuri made an oral report to Sub Inspector Shivnath Singh Bhadoria (PW-11), who reached on the spot on information received through telephone by one Devendra Dhakad of the same vicinity that on the fateful night, the accused-appellant Chintulal, who was her father-in-law due to extremely worried about the probable expenses to be borne in the marriage of her daughter Rashmi fixed on 30th April 2004, killed Rashmi and Kranti (her both the daughters) who were sleeping with accused Chintulal on the roof. He also caused injuries on the person of her mother-in-law who died subsequently during treatment in the hospital. The accused also killed her son Akash with an Axe. She claimed to be the witness to see the accused while killing the above four family members and thereafter stepping down from the roof and going away from the spot. She cried and reached to her cousin mother-in- law Shantibai (PW-3). Thereafter, other nearby neighbours namely, Bharat, Lakhan, Vijay Singh and Ramprasad reached the spot, who shifted the injured, i.e., her mother-in-law and her son Akash on their motor-cycles to the district Hospital Shivpuri, as rest two persons, namely, Rashmi and Kranti already succumbed to injuries on the spot. Dehati Nalish report accordingly was written by Sub Inspector Shivnath Singh Bhadoria (PW-11). In the District Hospital Shivpuri, Dr. Govind Singh (PW-4) immediately examined the injured Rampyari and Akash. The injured were referred to J.A. Group of Hospitals at Gwalior where they took their last breath during treatment. An FIR (Ex.P/37) was written on 18th April 2004 at 6.00 a.m. on the basis of Dehati Nalish and Crime No.16/2004 was registered against the accused under Section 302/307 of I.P.C. At the same time, separate Marg Report pertaining to death of Rashmi and Kranti was also registered on 18thApril 2004 and Marg intimation report in relation to death of Rampyari and Akash was registered on 19th April 2004 by the concerning police station. The investigation was set in motion. After inquiry and investigation, charge sheet was filed before the court of Magistrate having jurisdiction. On committal, the Sessions Trial commenced and after recording the evidence, the accused-appellant was convicted and sentenced for commission of offence under Section 302 of I.P.C., hence this appeal.

(3.) THE learned Public Prosecutor appearing for the respondent/State, on the other hand, supported the impugned judgment and contended that there is no illegality or perversity in the findings arrived at by the learned trial court. Hence, it is prayed that the appeal be dismissed.