RAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) The three appellants named above stand convicted for the offence punishable under Section 302 oI I. P. C. and the appellant Ramsingh in addition to this charge, is also convicted for the offence under Sections 25 and 27 of the arms Act and all the three appellants have been sentenced to suffer life imprisonment with fine of Rs. 200/- and in default of payment of fine to suffer additional R. I. for one month under Section 302 of 1. P. C. Ramsingh has been, in addition to this, sentenced to suffer R. I. for three years and to pay a fine of Rs. 100/-, in default of payment of fine, to suffer additional R. I. for one month. The substantive jail sentences of accused Ramsingh have been directed to run concurrently. Being aggrieved by the aforesaid judgment of conviction and sentence passed by the learned 1st Additional Sessions Judge, Ratlam in S. T. No. 90/01 on 31-10-01, the appellants have preferred this appeal.

(2.) Briefly stated, the facts of the prosecution case are that on 24-1-01 at about 8.00 p.m. when deceased Mansingh, after making a telephone call from the house of Vimlabai, situated in front of the house of Mansingh (deceased), was returning back to his house along with his son Bharatsingh, his wife was waiting for him at the platform of her house. At that juncture, the accused persons came there armed with gun and swords. They assaulted Mansingh by sword on his head, chest, hands and back. Ramsingh fired his gun (country-made pistol) at the back of Mansingh. Despite cry being made by the wife of the deceased, accused persons did not stop and continued to assault Mansingh whereupon the wife of Mansingh went to her brother-in-laws and brought them along with her. By that time, the appellants had fled away. The complainant Tejkunwarbal and her brother-in-laws found Mansingh lying in severely injured condition. A telephone message in regard to this incident was sent at Police Station Alote by village Chowkidar and when Police reached at the place of occurrence, Mansingh had already breathed his last. On the very night of 24-1-01, the Station House Officer of P. S. Alote registered Dehati Nalishi Ex. P/1 at the instance of Tejkunwarbai. He recorded information Ex. P/17 and prepared spot map Ex. P/2. He also seized controlled and blood-stained earth from the spot. A handle of sword was also seized vide Panchnama Ex. P/22. Panchnama of dead body Ex. P/5 (wrongly mentioned as Ex. P/4 in the impugned judgment) was also prepared. Thereafter, the dead body was for postmortem examination vide recquisition Ex. P/20. Clothes of deceased were seized and sealed vide panchnama Ex. P/23. The accused persons were arrested and from accused Ramsingh a country-made pistol was seized vide Ex. P/14. The memorandum statements of the appellants were recorded by the Investigating Officer vide Ex. P/11, P/12 and P/13 and in pursuance thereof, from accused Devisingh and Narwarsingh two swords were seized vide Panchnamas Ex. P/15 and P/16. Tejkunwarbai identified the accused persons in an identification parade conducted by the Executive Magistrate Shri K. C. Thakur as the assailants of her husband deceased Mansingh. The blood-stained earth and controlled earth, country-made pistol and the swords were sent to the F. S. L. Sagar wherefrom the reports Ex. P/25, and P/27 were received. Ex. P/6 is the sanction for prosecuting the accused Ramsingh for being found in illegal possession of the country-made pistol. After due investigation, the accused persons, were charge-sheeted.

(3.) The accused persons denied the charges. In the statements recorded under Section 313 of the Cr, P. C. the accused pleaded that the elder brother of Ramsingh named Sureshsingh who is also in relation of other accused persons, was murdered by deceased Mansingh and in that case Mansingh was convicted and sentenced and because of that enmity, the complainant party has falsely implicated the present appellants/accused persons in this case.