SHERU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant Sheru s/o Bhoor Singh Bhil has assailed the impugned judgment dated 17.12.2004 passed by the 2nd Additional Sessions Judge, Jobat, District Jhabua in Sessions Trial No. 281/1999, whereby convicting him under Section 302 of the Indian Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for life with fine of Rs. 1,000/ -. In default of payment of fine, he shall suffer additional rigorous imprisonment for three years.

(2.) ACCORDING to the prosecution case, on 03.03.1999, in the evening between 05.00 to 06.00 PM, in village Arandi, complainant Paru, his wife Hetri and daughter Rajli were sitting outside their house. At that moment, co -accused Meeru with appellant Sheru having Falia and accused Gur Singh and Rukhali having stones, reached there and accused Sheru asked as to why Ter Singh came to the house of complainant Paru? Co -accused (Meeru s/o Bhur Singh) also alleged that Hetri was a witch and with this allegation, they tried to assault Ter Singh, but Ter Singh ran away towards the field of one Takadia. Hetri also followed them to save Ter Singh. At that juncture, appellant Sheru dealt a blow by Falia causing injury on the head of Hetri. Hetri fell down on the ground. Co -accused Meeru also assaulted Ter Singh by Falia causing injury on face. Because of assault, Ter Singh fell down on the ground. Other accused Rukhali and Gur Singh caused injury to Ter Singh by stone. All the four accused assaulted Ter Singh and Hetri by Falia (hard and sharp iron object) and stones. The incident was witnessed by villagers named Dhavriya, Vesta, Ren Singh, Rajli, Kalu and Sarpanch Richhu. Village Choukidar was informed about the incident. It was alleged that before one year, daughter of appellant Sheru had died and they had doubted on deceased Hetri regarding playing fraud. On this account, they were having inimical terms and assaulted the deceased persons. Report Ex.P/1 of the incident was lodged by PW -1 Paru, on the basis of which, PW -12 Investigating Officer Vijay Kumar registered the offence under Section 302/34 of the Indian Penal Code, 1860. Investigating Officer prepared the spot map Ex.P/10 and on completion of inquest inquiry, sent the dead body of both the deceased persons for postmortem examination, which was conducted by PW -7 Dr. Kashinath. Ex.P/4 and Ex.P/5 are the postmortem reports of deceased Ter Singh and Hetri. Blood stained and controlled earth were collected and seized from the spot and the Investigating Officer recorded the statements of the witnesses, who were acquainted with the facts of the case. Accused persons were arrested and on their disclosure statements, weapons were seized. Seized articles were sent for chemical examination to Forensic Science Laboratory and it's report is Ex.P/25. On completion of investigation, charge sheet was filed against four accused persons for offence punishable under Section 302 / 34 of the Indian Penal Code, 1860.

(3.) APPELLANT Sheru s/o Bhoor Singh Bhil filed the present appeal against the judgment of conviction and sentence. During the pendency of this present appeal, co - accused Meeru s/o Bhur Singh was arrested and learned trial Court sent a request letter for sending record. Co -accused Meeru refuted the charges and tried by the learned trial Court. Learned trial Court finding co -accused Meeru guilty of the offence convicted him under Section 302 of the IPC and sentencing him to suffer RI for life with fine of Rs. 1,000/ -; in default of payment of fine, additional RI for three years.