SHANKARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374 of Cr.P.C. Being aggrieved with the conviction recorded in S.T. No. 182/2001 by III Additional Sessions Judge, Ratlam whereby the appellants Shankerlal, Vinod, Sanjay, Kishore, Ravi have been convicted under Section 302 of IPC and sentenced to undergo life imprisonment and to pay fine of Rs. 500/-, in default of payment of fine aforesaid appellants has to undergo six months RI. Appellant Munnibai has been convicted under Section 302 read with Section 149 of IPC and sentenced to undergo life imprisonment and to pay fine of Rs.500/-, in default of payment of fine appellant Munnibai has to undergo six months RI. Appellants have also been convicted under Section 148 of IPC and sentenced to undergo one year RI and to pay fine of Rs.100/-. In default of payment of fine appellants has to undergo one month RI.

(2.) Brief facts of prosecution case are that on 30/03/2001 at about 11.30 AM to 12.00 Noon son of Ishwarlal and nephew of Vinod quarreled with each other. Ishwarlal intervened and separated them. After some time Shankar armed with iron pipe, Vinod armed with wooden stick, Sanjay armed with Farsa, Ravi and Kishore armed with iron pipe, Munnibai having a piece of stone came. Shankarlal asked Ishwarlal why he shouted on his grandson, he will not let him alive. Then they started beating Ishwarlal causing injuries on his jaw, face, head, back, chest and nose. Jitendra, Satyanarayan, Sohanlal saved them. Sohanlal also received injury during the incident. Ishwarlal was taken to Hospital in a injured condition. Report was lodged upon which crime No. 150/2001 has been registered at P.S.-Manak Chowk, Ratlam. Ishwarlal and Sohanlal were sent for treatment to Hospital, Ishwarlal died. On receipt of confirmation of death of Ishwarlal, merg intimation was recorded and Panchanama of dead-body Ex.P/25 was prepared and dead-body was sent for postmortem examination. During investigation B.P. Chouhan (PW/12) recorded the statement of witnesses. Prepared the site map and collected the simple and blood stained earth. Appellants were arrested and weapon of offence has been seized from their possession. Seized articles were sent for examination by FSL. Human blood were found on the seized weapon and on clothes of the deceased. After completion of investigation charge-sheet has been filed. After committal learned trial Court framed the charges and explained to appellants who have abjured their guilt and claimed trial. Their defence was that they have been falsely implicated. The prosecution has examined as many as 10 witnesses to prove its case and in defence none has been examined. After having scanned the evidence and material learned trial Court convicted the appellants and sentenced them as indicated in para 1 of this Judgment. Being aggrieved this appeal has been preferred.

(3.) Learned counsel for the appellants submit that learned trial Court has not properly appreciated the evidence and material available on record and wrongly convicted the appellants. The trial Court has over looked the material omissions and contradictions in the statement of Jitendra (PW/3), Satyanarayan (PW/5), Sohanlal (PW/9), Shuganabai (PW/10). It is contended that medical evidence also does not support the prosecution case. No independent witness have been examined though available. It is further submitted that the appellant Ravi was juvenile at the time of alleged incident, hence appellant Ravi ought to have been tried by the Juvenile Justice Board. It is further submitted that the learned trial Court failed to consider that the incident took place all of sudden without premeditation on account of quarrel taken place between the children while playing therefore the intention of the appellants was not to cause death of the deceased.