RAMNIWAS Vs. STATE OF M.P.

JUDGEMENT

(1.) THE judgment of this appeal shall also govern the judgment in Cr.A. 399/96, as both the appeals arise out of same judgment of sentence and conviction.

(2.) THIS appeal is filed by the appellants against their conviction for an offence under section 302, 302/34, 307 and 307/34 IPC and under section 4/5 of Explosive Substances Act by the Court of S.I. Shah, III Additional Sessions Judge, Morena.

(3.) ACCORDING to prosecution, deceased Vinod Kumar was resident of Tamardhari Ganj, Morena. Rajendra, brother of the deceased Vinod, had sold his shop on 23.9.1986 to appellant Suresh, however balance of consideration Rs. 6,000/ - was due against Suresh. In the afternoon of the date of incident, Rajendra had demanded balance amount of consideration from Suresh. There were heated exchange of words between Rajendra and Suresh. On account of this enmity all the three accused went to the house of Rajendra at 21.00 hours on 23.11.1986. Deceased Vinod, his brother Rakesh, Pradeep, Anil and their mother Gyandevi alongwith Naresh Jain, Rajendra Tiwari were watching television at their residence. Suresh shouted and called Rajesh alias Lalla, then deceased Vinod came out of the house followed by Rakesh, Pradeep and Anil. Vinod informed Suresh that Rajendra is not at home, then Suresh started abusing Rajendra. Vinod asked him not to abuse Rajendra. Suresh was accompanied by Harishankar and Ramniwas. Suresh was carrying a bag in his hand. When Vinod informed the appellants that Rajendra is not at home, Suresh and Ramniwas said that now let's see Vinod, as he is the cause for the dispute. Harishankar took out two hand -grenades from the bag of Suresh and threw one grenade on the body of Vinod. The bomb burst on the chest and neck of Vinod. Vinod fell on the ground and died. Harishankar tried to escape from the spot and was chased by Rakesh, then Suresh threw the hand -grenade at Rakesh. Rakesh suffered injuries. All the accused ran towards the lane by the side of the house. Rakesh chased them. At that time, hand -grenade in the hand of Harishankar exploded and all the accused escaped. Rakesh found that Vinod is dead.