RAMU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal, under Section 374 of the Code of Criminal Procedure, has been directed against the judgment of conviction and order of sentence dated 04.11.1999 passed by Special and Sessions Judge, Shivpuri (M.P.) in Special Sessions Trial No.122/97 whereby all the accused/appellants have been convicted under Section 148 of IPC and sentenced to undergo rigorous imprisonment for six months. They have further been convicted under Section 302/149 of IPC and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo imprisonment for life each with a fine of Rs.2,000/- each with default stipulation.

(2.) At the outset, it may be mentioned here that since appellants No.2 and 8, namely Sardar Singh and Sarwanlal Rawat, have died and their names have been deleted vide orders dated 24/06/2009 and 21/12/2012, hence, this appeal stands dismissed against them as abated. Now, the appeal will survive only against remainders.

(3.) Prosecution story, in nutshell, is that in the intervening night of 7/8.11.1997 at about 03:00 am when complainant Kailash (PW-1) alongwith his uncle Jhiguria (PW-2) were at their well/field and irrigating their field from pump and the deceased Nakke was sleeping nearby well on the platform (Chabutara) at that time all the accused persons having deadly weapons like axe, lathis, luhangi, farsa came on the well, encircled and with intention to commit murder of Nakke attacked on him. Accused/appellants hurled abuses to him by caste. Thereafter, Jagdish (accused/appellant no.7) strangulated the deceased by his own scarf (safi). Then, Sardar Singh (accused/appellant No.2) inflicted axe blow on the right leg of the deceased and thereafter all belaboured lathi, luhangi and farsa blows on the person of the deceased Nakke and thereby committed his murder. Thereafter, Ramu (accused/appellant No.1) and Jagdish (accused/appellant No.7) threw the dead body of the deceased in the well. When Kailash (PW-1) alongwith Jhinguria (PW-2) screamed, Jagdish Jatav, Ram Singh Jatav and other persons of the village came there and on seeing them, accused persons fled away from the spot. Kailash (PW-1) lodged FIR (Ex.P-1) at Police Station. Thereafter, dead body was taken out from the well and Marg was registered by Investigating Officer Pradeep Sharma (PW-6). Panchnama of dead body and site map were also prepared. The dead body was sent for autopsy which was conducted by Dr. D.K. Sirothiya (PW-5) who found four injuries on the person of the deceased including two incised wounds one on the eyebrow and other on the right leg and one contusion on the right wrist. All these three injuries were found simple in nature and injury no.4 which was on the neck was the ligature mark caused by scarf which was tied over the neck, was found to be fatal. After investigation and recording the statements under Section 161 of the Code of Criminal Procedure, Police submitted charge-sheet against nine accused persons in the court. The trial court framed charges which were denied by the accused/ appellants. The accused pleaded complete innocence and preferred trial.