MAIYADEEN AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The following Judgment shall govern the disposal of Cr. A. Nos. 936 of 1997, Jaikaran and Others v. State of M.P., 1141 of 1997, Mithua @ Mithaiya v. State of M.P. and Cr. A. No. 1237 of 1997, Sadasi v. State of M.P. which arise out of the same judgment of conviction dated 12th April, 1997 passed by learned Special Judge, Chhatarpur, in Spl. Case NO. 19 of 1995, convicting the appellants under sections 147, 148, 302/149, Indian Penal Code and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentencing them to undergo for six months, one year, imprisonment for life and RI for 5 years respectively on each count. All sentences were directed to run concurrent.

(2.) In brief, the prosecution story is that on 25-11-1994, at about 6.00 p.m., when complainant Sawaliya (PW 6) and his son Ramkishore were cutting fodder in their house, they heard sound of gun shot fire. On hearing such sound, they went toward the house of his brother Swamideen Kori and saw the dead body of Swamideen lying on passage in front of his house having a gun shot wound on the back of the neck. He asked his brother's wife Ujji as to who killed Swamideen, whereupon Ujji told him that Mithua Ahir, Rampal Ahir, Rampyare Ahir, Gola Ahir, Dadda Ahir, Sadasi Ahir, Shivram Ahir and some other outside people had come armed with lathi and guns and had shot dead her husband. She also informed that they had also beaten Kamtu, Tijola, Shambhu and Manohar. He and his brother Chunvad picked up the dead body and kept it in the courtyard of the house. Sawaliya went to Police Station, Sarbai and lodged first information report at about 11.00 a.m. on 26-11-1994. According to him, there was enmity between them and accused Mithua Yadav because of which accused had killed his brother. It was also said that due to night, he could not go for lodging report on the same day. On report being lodged by Sawaliya, the first information report, Ex. P. 25 was recorded. During investigation, police went at the spot and prepared inquest of the dead body and sent the dead body for post mortem examination. Injured persons, viz. Ujji @ Ujiyari Bai, Kamtu, Tijola and Shambhu were also referred for medical examination.

(3.) During investigation, spot map, Ex. P. 26 and another spot map, Ex. P. 24, drawn by Patwari were prepared, blood-stained earth and plain earth were seized from the spot, empty cartridges of 12 bore gun and a fired pellet were seized from the wall vide seizure memo, Ex. P. 28 and statements of witnesses were recorded. PW 11 Mukesh Tiwari, Station House Officer of Police Station Sarbai arrested accused Jaikaran, Mangaliya, Sadasi, Shivram, Rampal on 4-12-1994 and seized lathi and Lohangi from them, vide seizure memo, Exs. P. 6, P. 7, P. 8, P. 9 and P. 10. On 4-1-1995 accused Mithua Yadav was arrested and a lathi was seized from him vide seizure memo, Ex. P. 34. On 29-1-1995 accused Maiyadeen was arrested and a 12 bore gun with licence and a live cartridge were seized from him vide seizure memo Ex. P. 11. All the seized articles were sent for chemical examination to Forensic Science Laboratory. Report of FSL, Sagar and ballistic expert, Exs. P. 37 and P. 38 were received.