RAMDEEN Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the appeals are finally heard. Since these appeals are arising out of the same crime number and judgment, therefore, these appeals are heard analogously and are being decided by a common judgment. These Criminal Appeals under Sec. 374(2) of the Cr.P.C. have been preferred by the appellants being aggrieved with the judgment of conviction and sentence dtd. 17/12/2019 passed by Additional Sessions Judge, Banda, District-Sagar in S.T. No.541 of 2013 whereby the appellant-Ramdeen has been convicted for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo for Life imprisonment with fine amount of Rs.5,000.00 and appellant-Collector has been convicted for the offence punishable under Sec. 302/34 of the Indian Penal Code and sentenced to undergo for Life imprisonment with fine amount of Rs.15,000.00 with default stipulations.

(2.) The prosecution case in brief before the trial Court was that on 19/8/2013, the deceased-Kamal Yadav was in his house. At that time, the appellant-Ramdeen reached and called deceased. They alongwith appellantCollector went towards the outside of the village. At the evening time, the appellant alongwith other acquitted co-accused persons were seen near the pond of the village. The witness Charlie (PW-4) informed to Mahesh (PW-3) that these appellants alongwith other acquitted co-accused persons were assaulting his brother. As it was raining at night, hence, his brother Mahesh (PW-3) visited the spot in the morning and found that the deceased was lying dead. The information was sent to the concerned Police Station-Banda. Sub Inspector P.L. Chouhan (PW-15) visited the spot where the complainant Mahesh (PW-3) lodged an FIR which was recorded as Dehati Nalishi (Ex.P3) and Dehati Merg Intimation (Ex.P-4). The inquest report was prepared and the dead body of the deceased was sent for autopsy. The statements of the witnesses were recorded. After that, the appellants alongwith other acquitted co-accused persons were arrested. Lathi and axe were recovered from their possession. The cloths of the deceased, soil recovered from the spot and Lathi recovered from the possession of the accused persons were sent for the FSL examination. The charge sheet was submitted before Judicial Magistrate First Class, Banda. After commitment and transfer, the case was submitted to the trial Court.

(3.) During the trial, the co-accused Premsingh s/o Kalyan Singh expired. Hence, the case was abated against him.