RAJKISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal being aggrieved with the judgment dated 31.10.2000 passed by the learned First Additional Sessions Judge, Sidhi in ST No. 37/1992 whereby, the appellants have been convicted and sentenced as under:

(2.) THE prosecution case, in short, is that on 16.7.1991 at about 9.00 a.m. the victim Banshpati Ram (PW 14) was going to village Ukarha to attend a function of keertan. On way while he was crossing his field at Village Dewri (Police Station Kamarji, District Sidhi), he found that the appellant Onkar Prasad was removing a mango tree. When Banshpati Ram objected the appellant Onkar Prasad asked him to come nearer but, due to suspicion he remained at the place from where he was complaining. In the meantime, all the accused persons surrounded Banshpati Ram. The appellant Surendra Kumar assaulted him with a farsa on his head and thereafter, other accused persons having farsa, tangi (small axe), lathi (stick) etc. also assaulted him. Satanand, son of Banshapati Ram, rushed to the spot, to save his father, but appellants Onkar Prasad and Surendra Kumar assaulted him with their farsa. Satanand sustained grievous injuries and fell down on the spot. The other accused persons had also assaulted him with different weapons. In the meantime, Chandrika Prasad (PW 13) also reached the spot to save Satanand, then the appellants assaulted him with different weapons. Thereafter, Kunjmaniram (PW 15) intervened and sustained various injuries due to assault caused by the accused persons. Satanand succumbed to the injuries on the spot. Janardhan Prasad (PW 9) went to Police Station Kamarji and lodged FIR Ex. P/24. The Police recovered the dead body of deceased Satanand from the spot and sent it for post mortem. Dr. S.K. Mirani (PW 8) performed the post mortem over the body of the deceased Satanand. He found two injuries caused by sharp edged weapons on the body of deceased. Out of them one was a fatal injury caused at right parietal region under which a fracture of right parietal bone was found. The second injury was simple in nature caused on the back of left shoulder. The brain matter and menenges were also found cut. The deceased died due to head injury and in opinion of Dr. Mirani the death of the deceased was homicidal in nature. Dr. Mirani (PW 9) examined Chandrika Prasad and gave his report Ex. P/15. One incised wound was found on his right elbow whereas, no fracture was found below the wound. Dr. Mirani had also examined Kunjmaniram on the same day and gave his report Ex. P/16. He found blunt injuries at four places on the body of victim Kunjmaniram. The victim sustained a fracture of collar bone on the back side. He also gave an X -Ray report Ex. P/18 in that context. He also examined the victim Banshpati Ram and gave his report Ex. P/19. He found as many as six injuries to Banshpati Ram. Out of them four were incised wounds. His first metacarpal bone of the left hand and fifth metacarpal bone of the right hand was found broken. His X -ray report is Ex. P/22. On investigation the Police collected various articles from the spot and sent by the doctor. One tangi and one gandasa were recovered from appellants Surendra Kumar and Onkar Prasad respectively. All the seized articles were sent to the Forensic Science Laboratory for their forensic investigation. On tangi seized from Surendra Kumar and gandasa seized from Onkar Prasad, blood stains were found. After due investigation a charge sheet was filed before the JMFC, Sidhi who, committed the case to the Court of Sessions and ultimately it was transferred to the learned First Additional Sessions Judge, Sidhi.

(3.) AFTER considering the evidence adduced by the parties the learned Additional Sessions Judge convicted and sentenced the appellants as mentioned above.