SHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal the appellants challenge their conviction under Ss. 148 and 302 read with S. 149 of the IPC and sentence of two years Rigorous Imprisonment on the charge of riot and imprisonment for life and fine of Rs. 2,000.00 each, in default Rigorous Imprisonment for six months on the charge of murder with direction for concurrent running of sentences recorded vide judgment dated 10-1-1987 passed in Sessions Trial No. 20/1986 of Hoshangabad Sessions Division.

(2.) The appellants and Harchand (PW-1) are residents of village Bhunnasa near Harda. Deceased Ramchand was Sarpanch of that village. On 5-9-1984 Ramchand had come to Harda to attend some Court work. After that he was going to Janpad office along with Harchand. At a short distance from the Janpad office the deceased requested Harchand to follow on foot, himself got on his bicycle and proceeded towards the Janpad office. No sooner he reached in front of Janpad office building he was assaulted by the appellants with sharp edged weapons. The appellants then made good their escape towards their village. Harchand, who had witnessed the assault from a short distance, came near the fallen victim and found him dead. This daring murder had taken place in broad-day-light at 1300 Hrs. in a busy locality with shops near about. Harchand lodged the First Information Report (Ex.P-8) in Harda Police Station within twenty minutes at 13.20 Hrs. Crime was registered. Station House Officer Shri P. N. Gupta (PW-8) reached the spot and held inquest vide Ex.P-13. He deputed police force to go in search of the miscreants. The dead body was sent for post-mortem examination. Dr. R. K. Garg (PW-7) vide autopsy report Ex.P-27 found twenty-one injuries on the body, eleven of which were caused by sharp-edged weapon on vital parts which had involved both the lungs, the heart, the stomach, the intestines, the kidney and the liver. The head injury had resulted in fracture in the right parietal region where fragmented bones had caused subdural and extradural haematoma as shown in diagram in Ex.P-27. The cause of death, as per the Doctor, was syncope resulting from shock as a result of massive haemorrhage. The time of death was approximately within six hours from post-mortem examination which had taken place at 16.30 hrs. The injuries were held by the Doctor sufficient in the ordinary course of nature to cause death. The Doctor had found one blade of knife embedded in one of the injuries. He removed the same and also removed the clothes found on the body and sent them in a sealed packet to the police along with his autopsy report. Within a couple of hours from registration of the crime, the appellants were apprehended vide memorandums of arrest Ex.P-2 to P-6. During investigation, one Shirt and one Pajama (Articles E-1 and E-2) were seized from appellant Shyam vide seizure memorandum Ex. P-7. One Shirt and one Pant (Articles F-1 and F-2) where seized from appellant Balram vide Ex. P-8. One Bush-shirt and one Pant (Articles D-1 and D-2) were seized from appellant Ramkishore vide Ex. P-9. One Shirt and one Pajama (Arts. G-1 and G-2) were seized vide Ex. P-10 from appellant Gulab Singh. One Pant and one Shirt (Arts. C-1 and C-2) were seized from appellant Ramnarayan vide Ex. P-11. The clothes and knife blade removed from the dead body by the Doctor were produced in a sealed cover by Constable Jugal Kishore before the Investigating Officer, who seized the packet vide memorandum Ex.P-12. Confessional Memorandum of appellant Shyam being 'B' marked portion of Ex.P-17 was recorded at 17.30 hrs. on 5-9-1984 by the Investigating Officer which led to the recovery of an iron rod and seized vide Ex.P-22. Similar memorandum of appellant Balram being portion marked-B and C of Ex. P-18 was recorded at 09.05 hrs. On 6-9-1984 which led to the recovery of one Katar (Art. D) and seized vide Ex. P-23. Similar memorandum of appellant Ram Kishore being 'B' marked portion of Ex. P-19 was recorded at 08.20 hrs. on 6-9-84 which led to the recovery of one knife (Art. E) and seized vide Ex. P-24. Similar memorandum of appellant Gulab Singh being portion marked-B and C of Ex. P-20 was recorded at 08.45 hrs. on 6-9-84 which led to the recovery of a brass handle of a knife sans blade (Art-A), seized vide Ex. P-25. Similar memorandum of appellant Ramnarayan being 'B' marked portion of Ex. P-21 was recorded at 08.30 hrs. on 6-9-84 which led to the recovery of a knife (Art. C), seized vide Ex. P-26. All these articles were after seizure duly sealed and along with some other material evidence, collected during investigation, sent for chemical examination to Forensic Science Laboratory, Sagar. The Chemical Examiner, vide his report Ex. P-31, confirmed presence of blood stains on all the above clothings and weapons seized from the appellants. He also confirmed presence of blood stains on the stained earth sample collected from the spot and the clothes found on the dead body. All these articles were after examination sent by the Chemical Examiner to Serologist, Govt. of India, Calcutta, whose report is Exs. P-33 and 34 which shows that the Pant seized from the appellant Ramkishore and the Shirt and Pant seized from appellant Balram, the iron rod recovered at the instance of appellant Shyam and the clothes removed from the dead body were stained with human blood. The origin of blood on remaining articles could not be determined either due to distintegration or its insufficiency for test. Spot map Ex. P-16 was prepared by R. P. Patware (PW-4), Patwari incharge Halka No. 25. Two of the accused, namely, Rambharos and Narayan were shown absconding in the charge-sheet. It appears out of them Rambharos subsequently became available for trial and was acquitted. Narayan is still absconding.

(3.) The case then went to trial. The defence consisted of total denial of all allegations. Majju Singh (PW-5) in whose presence the confessional memorandums were recorded and resultant seizures were made, was declared hostile. The learned trial Judge found the eye-witness account of Harchand (PW-1) reliable and convicted and sentenced the appellants on its basis.