RAMBIHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS Rambihari, Ramswarup and Devideen have been convicted under Section 302/34 Indian Penal Code and sentenced to imprisonment for life. They have also been convicted under Section 120-B Indian Penal Code and awarded the same punishment. Both the sentences were directed to run concurrently. Appellant No. 2 Ramswarup has died during the pendency of this appeal and, therefore, his appeal has abated.

(2.) THE prosecution case was that in the intervening night of 15th and 16th March, 1987 accused Rambihari, Ramswarup, Kallu and Devideen committed murder of Ghuram in furtherance of their common intention after hatching a conspiracy. On that night Goli and Sullu were also done to death by the accused persons to take revenge of the murder of Manku, father of accused Rambihari and Ramswarup. It is also the prosecution case that Ghuram was meted out the same treatment by the accused persons so that later on he may not avenge the death of his father Goli. It has been stated during the course of hearing of this appeal that the accused persons have been acquitted of the charge of committing murder of Goli and Sullu. The dead body of Ghuram is said to have been buried under the debris by the accused persons in the outskirts of village Sarani. According to the prosecution case accused Kallu took Ghuram from his house to the forest on the pretext of searching his father. On the way accused Devideen accompanied them. They went to a place where accused Rambihari and Ramswarup were standing with a bullock-cart. Rambihari had an axe and Ramswarup was armed with a Bhala, They caused injuries to Ghuram with these weapons. He fell down and died. Then they buried his dead body under the debris. Their clothes were stained with blood. The prosecution case has been built up mainly 6n the statement of co-accused Kallu who has been granted pardon under Section 307 Cr. P. C. after recording his statement on 12-10-1987 by the Trial Court. The prosecution has alleged that the dead body of Ghuram was recovered on the basis of the information given by the accused persons.

(3.) KALLU (P. W 1) was examined as a witness during the trial after the pardon was granted to him. It is primarily on the basis of his testimony that the appellants have been convicted for the aforesaid offences. Corroboration has been sought from the recovery of dead body of the deceased on the basis of the information given by the accused persons under Section 27 of the Evidence Act and also the recovery of certain weapons and blood stained clothes on similar information.