PRAMOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present criminal appeal against the judgment of conviction and order of sentence dtd. 21/9/2017 passed by the Second Additional Sessions Judge, Sagar in Sessions Trial No.20/2017, convicting and sentencing the appellant No.1 under Sec. 302 of IPC to undergo life imprisonment with fine of Rs.1,000.00 and under Sec. 450 of IPC to undergo RI for three years with fine of Rs.1,000.00 with default stipulations. The appellant No.2 has been sentenced to undergo RI for six months with fine of Rs.500.00 under Sec. 323 of IPC with default stipulations.

(2.) The prosecution story started with the allegations that on 6/1/2017 at about 18:00 hours complainant Vishal Singh Lodhi made a complaint before the police against the appellants and one Radheshyam @ Nanhe. It was alleged in the complaint that on 6/1/2017 in the morning, the complainant and his wife Asharani went to their field in routine. Pramod Nagaich had obstructed the way by installing Barga (a fencing of dry bushes), but no one was found present there. The complainant and his wife removed the obstruction created by Pramod Nagaich and went to their field. They returned home at about 13:00 hours. Owing to removal of obstruction, the appellants armed armed with axe and lathis came to the house of the complainant and started abusing. On being objected, they assaulted the complainant and his wife Asharani. Appellant No.1 Pramod inflicted an axe blow on the head of Asharani, due to which she fell down and thereafter Radheshyam Nagaich and Rajesh Nagaich also assaulted her by lathis. When the complainant and his son Brajendra Singh tried to save Asharani, Rajesh and Radheyshyam @ Nanhe gave beatings to Brajendra Singh. On raising alarm, other family members of the complainant party namely Nirpat Singh Lodhi and Madhav Singh attracted to the spot. On seeing them, the assailants ran away from the spot. Injured Asharani and others were removed to the District Hospital Sagar for treatment. Information was given to the Police Chowki Shahpur Thana Sanodha District Sagar and Dehati Nalishi (Ex.P-1) was registered. On the basis of Dehati Nalishi, the FIR/Crime No.6/2017 was registered with the Police Station Sanodha District Sagar. Injured Asharani and Brajendra Lodhi were admitted in the hospital. The medico legal certificates (Ex.P-18 and P-19) were prepared. In view of condition of Asharani, she was referred to Bhopal, but she succumbed to her injuries on the way. The dead body of Asharani was brought back to the District Hospital, Sagar, where inquest report was prepared by Head Constable Shirish Kumar, posted in Police Station Gopalganj, Sagar. The postmortem on the dead body of Asharani was performed by a team of three doctors namely Dr. R.K.Jain, Dr. Vivekanand Tiwari and Dr. Jitendra Singh. As per the report of the postmortem (Ex.P-25), the cause of death was due to injuries sustained by the deceased. On completion of investigation, a report under Sec. 173 of Cr.P.C. was filed in the competent Court.

(3.) The prosecution examined 16 witnesses namely Vishal (PW-1), Nirpat Singh (PW-2), Shriram (PW-3), Suresh (PW-4), Madhav Singh (PW-5), Dr. Neelam Jain (PW-6), Brijendra (PW-7), Dr. S.S.Thakur (PW-8), Dr. R.K.Jain (PW-9), Dr. Jinesh Diwakar (PW-10), Head Constable Shirish Kumar (PW-11), Sub-inspector Mukesh Singh (PW-12), Patwari Premchand Jain (PW-13), Inspector Dharmendra Singh (PW-14), Sub-inspector Dharmendra Upadhyay (PW-15) and Head Constable Kailash Prasad (PW-16). After completion of prosecution evidence, all the incriminating material was put to the accused/convicts in their statements under Sec. 313 of Cr.P.C. and the convicts pleaded innocence, but did not lead any defence evidence. Appellant No.1 Pramod took a plea that on account of Barga on the way, deceased Asharani had scuffled with him by holding his collar and in that scuffle she fell down and later on she died. Appellant No.2-Rajesh Nagaich took a defence of alibi that they had gone to Village Gona District Lalitpur for treatment of Radheyshyam. The trial Court on the basis of material on record acquitted Radheyshyam @ Nanhe and convicted and sentenced the appellant No.1 Pramod under Sec. 302 of IPC and appellant No.2 under Sec. 323 of IPC.