DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal preferred by the appellants under Sec. 374 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') against the impugned judgment of conviction and sentenced dtd. 18/10/2012 passed by the Special Judge under SC/ST (under Prevention of Atrocities) Act, Dewas in Special Sessions Trial No. 19/2010, whereby the appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_13_LAWS(MPH)2_2024_1.html</FRM>

(2.) Brief facts of the case are that on 2/11/2009 complainant Virendra Chouhan (PW-14) lodged an FIR (Ex.P-44) at P.S. Industrial Area, Dewas by stating that on the same day at about 4:00 PM, a social function regarding the Nukta of grand mother of appellant No.1 Deepak was over and tents were being uninstalled, at that time, Tony @ Naresh and Minchu @ Pintu on a motorcycle of Ishwar Bamniya came there and constituted an unlawful assembly and they started abusing with the Deepak. When the complainant reached there, at that time, co-accused persons also came there. Thereafter, appellant No. 1 Deepak fired upon the Tony by pistol, due to which he sustained injury on his forehead and fell down on the spot, then appellant No.2 Narendra and 3 Harish by means of sword and appellant No.4 Jitendra by means of sabbal started beating the Minchu, due to which Minchu sustained fatal injuries over his head. After hearing hue and cry, other co-accused persons came there armed with knife, baseball bat, wooden stick and sabbal and started beating the Minchu and Ishwar. Deepak again fired upon the Minchu by katta. When Ishwar tried to flee away from the spot, he was brutally beaten by the appellants. Whole incident witnessed by Asha, Sunita, Motilal and other persons. Victim Tony, Minchu and Ishwar brought to the hospital, but during the treatment all the three injured persons succumbed.

(3.) The prosecution case in further is that Investigating Officer B.S. Kushwah (PW-20) prepared a dead body / shav Panchnama of the deceased persons. Their postmortem was conducted by Dr. A.K. Lanjewar (PW-16) and Dr. A. Shrivastav (PW-5) and as per medical opinion, death of all the three deceased was homicidal in nature. Dr. R.C. Verma conducted the MLC of victim Ishwar, who had been died later on. During the investigation, Investigating Officer went to the spot and collected some pellets, blood stained and simple soil from the spot. A Maruti Omni Van and a Hero Honda motorcycle have also been recovered from the spot. Investigating Officer B.S. Kushwah (PW-20) arrested the accused persons and on the basis of their discovery statement, knife, base ball bat, desi katta and sword have been recovered from the possession of appellants. Prior to filing of the charge-sheet, prosecution sanction had been obtained by the District Magistrate, Dewas regarding the prosecution under Arms Act in respect of appellant No.1 Deepak and a Caste Certificate had also been obtained regarding the deceased Ishwar. All the seized articles were sent to the FSL, Sagar for its chemical examination.