DHANIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgement dated 18-6-1996 passed by the First Additional Sessions Judge, Tikamgarh, in Sessions Trial No. 61 of 1992, convicting the appellant for the offence under Section 302 of the Indian Penal Code on two counts and sentencing him to imprisonments for life on each count, both running concurrently.

(2.) Prosecution story as emerges out from the First Information Report lodged by Rajbalram, Police Constable (P.W. 13), on 3-2-1992 at 10.00 hours in the morning is that on that day he was posted at Police Kotwali, Tikamgarh. In the Morning he and Constable Jagdish Prasad were deputed to carry two prisoners viz., Rajju Dhimar and Raju Dhobi detained in police lock up, to jail. He and Jagdish Prasad obtained a handcuff chain and the keys from Head Constable Moharrir. At that time Constable Dhaniram (accused) was posted on the duty of Santri (Guard). Jagdish Prasad opened the lock up at about 9.30 A.M. and handcuffed Rajju Dhimar and Raju Dhobi and while he was waiting for prisoners to put on their shoes, appellant/accused Dhaniram (Constable) suddenly started firing on both the prisoners as a result of which both of them fell down dead at the spot. On the aforesaid report, Crime Nos. 51 and 52 of 1992, under Section 302 of the Indian Penal Code were registered at Police Station Kotwali, Tikamgarh.

(3.) Undisputed facts of the prosecution case are that on 3-2-1992 Constable Jagdish Prasad (P.W. 10) and Constable Dhaniram had their posting at Police Station, Tikamgarh. On 2-2- 1992 deceased Rajju Dhimar and Raju Dhobi were ordered by the Sub-Divisional Magistrate, Tikamgarh, to be detained in jail in connection with proceedings under Sections 110 and 151, Cr.PC till 10-2-1992, for which jail warrants Ex. P-17 and Ex. P-18 were issued by the aforesaid Court. Deceased Rajju Dhimar was also being prosecuted in the Court of Judicial Magistrate, First Class, Tikamgarh, on the charges under Sections 341, 294, 506 and 509 of the Indian Penal Code. He was produced before the said Court on 2-2-1992, but, as he was not granted bail, he was remanded to judicial custody till 15-2-1992 and a jail warrant (Ex. P-19) in that regard was issued by the Court. As it had become late on 2-2-1992, the prisoners could not be lodged in jail and had to be detained in police lock up of Kotwali, Tikamgarh. It is also not disputed that on 3-2-1992 Constable Dhaniram was posted on the duty of Santri (Guard), from 9.00 A.M. and he had taken it over at the said time from Constable Bholaram (P.W. 11). At the time of taking over the duty he was handed over one 303 bore rifle and 50 live cartridges, the entries whereof in General Diary were marked Ex. P-22 and Ex. P-23.