GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeals No. 1645/2003,1885/2003 & 18/2004 arose from the same judgment dated 28.08.2003 passed by Shri Mohammad Shameem, Additional Sessions Judge, Ashta, District- Sehore in Sessions Trial No. 186/2002 (State Vs. Gajraj Singh), whereby learned Additional Sessions Judge has convicted the appellant Gajraj Singh under Section 302 of I.P.C. on four counts and on each count, has imposed a sentence of rigorous imprisonment for life and a fine in the sum of Rs. 20,000/- in default whereof, he was directed to undergo further rigorous imprisonment for a term of 2 years; and under Section 436 of I.P.C. and imposed a sentence of rigorous imprisonment for a period of 10 years and a fine in the sum of Rs. 10,000/-, in default whereof he was directed to undergo further imprisonment for a period of one year.

(2.) Criminal Appeals No. 1645/2003 & 1885/2003 have been preferred under section 374(2) of the Code of Criminal Procedure, 1973, by accused Ambaram against the conviction and sentence; whereas criminal appeal no. 18/2004 under section 377, has been preferred by the State for enhancement of sentence. Since, both these criminal appeals arose from the same judgment, they are being decided by this common judgment.

(3.) In nutshell, the prosecution case may be stated thus: Deceased Ambaram was Sarpanch of Village-Khachrod, P.S.- Siddikganj, District-Sehore. He was on inimical terms with accused Gajraj Singh, who was a neighbour, on account of the fact that some lands in possession of accused Gajraj Singh, were allotted to other persons and accused Gajraj Singh held deceased Ambaram responsible for the same. At around 2.00 am on 08.06.2002, Ambaram was sleeping in a room with his wife Soram Bai and two minor children Rahul and Narendra. First informant Shaitanbai, who is mother of the deceased Ambaram, was in adjoining room. As she was unable to sleep, she sat on her cot. At that time, she heard a sound of foot-falls in the Veranda. Suddenly, there was smell of oil and a bright light in the room in which Ambaram was sleeping. Shaitanbai got up and tried to open the door of her room but it was bolted from outside. In the adjoining room, her son Ambaram, daughter in law Sourambai and grandchildren Rahul and Narendra were screaming "Bachao Bachao" ("save us, save us.). At that time, accused Gajraj Singh called out from the veranda: "Jalo, tum logo ko koi nahi bacha sakta hai." (Burn, nobody can save you people.). Then, there was sound of his running away from the place. By that time, people from neighborhood had gathered and they opened the door of the Shaitanbai's room from outside. Shantanibai came out and saw that the adjoining room was locked from outside. Mansingh, Badri, Bheema and Narayan broke open the lock and brought Ambaram, Sourambai, Narendra and Rahul out in burnt condition. There was very strong smell of petrol emanating from the room, in which Ambaram and his family were sleeping. Bedding clothes and documents were also burnt in the fire. By that time, someone had brought Jeep of Rajesh Jat. They took deceased Ambaram, Souram Bai and their children to the hospital at Ashta.