MUKHRAM Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 31.08.2001 passed by learned Third Additional Sessions Judge, Chhattarpur in Sessions Trial No. 31/2000 convicting the appellants under Section 148 and sentencing them to suffer RI for two years and also under Section 302/149 IPC and thereby sentencing them to suffer rigorous imprisonment for life with default stipulations as mentioned in the impugned judgment, the appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973

(2.) In the present case there are as many as 10 accused persons namely Mukhram (appellant no.1), Bhauram (appellant no.2), Rajkumar alias Pahalwan (appellant no.3), Brijkishore (appellant no.4), Nandkishore (appellant no.5), Ram Asre (absconding) (appellant no.6), Ram Khilawan (accused no.7 who filed a separate appeal and during pendency of that appeal he had died), Kriparam and Santkumar (accused no.8 and 9) were acquitted while accused no.10 Dadi s/o. Sukhram died during the trial.

(3.) In brief the case of prosecution is that on 12.8.1997 eyewitnesses Ramdas and her Bhabhi Kamla (elder brother's wife) of Village Kawarau who were accompanied by Shivram of Village Supa along with Devbati and wife of Ramavtar were going. It is said that Ramdas and Shivram boarded the bus from the bus stop of Mahoba and thereafter all these four persons in the bus were going to Village Gahwara and alighted in Village Barha. It is said that Lala Bhai (hereinafter referred to as the deceased ) was already told that he should join these persons from Barha bus stand as a result of which Lala Bhai also joined these four persons from bus stand of village Barha. Thereafter, all these five persons started their journey from Village Barha to Village Gahwara as pedestrians. On the way nearby the bandhia of Dina Chamar, accused Ram Khilawan alias Khillu (who after conviction filed separate appeal and who had died during the pendency of the appeal) having a gun in his hand came out and scolded upon the deceased. However, the deceased did not pay any heed to his alarm and further proceeded to his way as a result of which said Ram Khilawan fired the gun and the gunshot fire struck the back of the deceased. On receiving the gunshot injury the deceased fell down. Thereafter, it is said that said Ram Khilawan alias Khillu again scolded upon the deceased and told other accused persons that the deceased is running away as a result of which absconded co-accused Ram Asre and other coaccused Rajkumar and Mukhram having pharsa, Kriparam, Dadi, Santkumar alias Santu, Brijkishore and Nandkumar alias Dau by carrying Axe in their hands and Bhauram carrying a gun chased the deceased. It is said that first of all Ram Asre dealt pharsa blow upon the deceased. Thereafter, Kriparam dealt Axe blow. Subsequently, all the accused persons started causing injuries to the deceased. Further, it is the case of the prosecution that accused Bhauram was instigating the other accused persons by saying maro sale ko, bach ke na jane paye and started hurling abuses. On account of receiving injuries by the deceased, he had died. The other persons who were accompanying the deceased on seeing the incident got frightened and went to their respective houses. On the next day, Ramdas Shukla lodged the written report in the concerning police station on the basis of which FIR was registered and the case was investigated.