CHANTU Vs. STATE OF M P

JUDGEMENT

(1.) All the aforesaid nine appellants stand convicted under Sections 147, 148, 302/149 (on two counts) and 323/149 (on five counts) of the Indian Penal Code by the learned Second Addl. Sessions Judge, Mhow District Indore in S.T. No. 357/97 on 8-8-2000 and each of the appellants Veeru s/o. Ashok, Parbat s/o. Poonamchand, Vizhal s/o. Kamal, Deepak s/o. Madanlal, Subhash s/o. Madanlal, Bhagirath s/o. Heeralal, Prahlad s/o. Dulichand, Raju alias Ramprasad s/o. Amarsingh, Ratan s/o. Shri Ram, Omprakash alias Om s/o. Madanlal sentenced to suffer rigorous imprisonment for six months with fine of Rs. 500/-, in default of payment of fine to suffer additional R. I. for three months under Section 147 of the Indian Penal Code, each of the appellants except the aforementioned appellants are sentenced to suffer R. I. for one year and to pay a fine of Rs. 500/- and in default of payment of fine, to suffer additional R. I. for three months under Section 148, Indian Penal Code, each of the appellants are sentenced to imprisonment for life with payment of fine of Rs. 1,000/-, in default of payment of fine, to suffer additional R. I. for three months under Section 302/149, Indian Penal Code on each of the two counts and each of the appellants have been sentenced to suffer R. I. for three months and to pay a fine of Rs. 500/- and in default of payment of fine to suffer additional S. I. for three months under Section 323/149, Indian Penal Code on each of the five counts. All the substantive jail sentences of the appellants have been directed to run concurrently.

(2.) Essential factual matrix for disposal of this appeal is abridged as under :- On 22-2-97, at 10.30 p.m. the complainant Babibai (PW 1) wife of deceased Shyamlal lodged the First Information Report at Kishangan Police Station that she was residing in Sutarkehdi Tehsil Mhow District Indore. On the same night at 9.00 p.m. appellants Bhushan, Ramesh and Ajay came to her house and took her husband Shyamlal towards the road. After some time she over heard the cry of her husband 'Bachao Maar Dala'. On hearing this cry, Kaushlyabai, Manoj and Gaurishankar rushed towards the road and saw that near the house of one Motilal, the accused persons Bhushan, Ramesh, Satish, Kundan, Bhagirath, Raju alias Ramprasad, Ratan, Pappu, Kamal, Tulsiram, Chandu alias Chandrapal, Parbat, Trilockchand, Veeru, Vishal, Deepak, Mahendra, Hansraj, Omprakash, Suresh, Prahlad and Ravindra having lathis, swords, and Dhariyas were assaulting her husband. They were also shouting that Shyamlal must be done to death. Shyamlal was lying on the ground and wounds were bleeding. Gaurishankar and Manoj reached to save them, but they too were assaulted. Gaurishankar and Manoj left the place of incident and returned with a truck and the accused persons seeing them, attacked on them. They pulled down Manoj from the truck and started assaulting him by lathi and swords. Manoj ran away towards the field to save himself, but the accused persons chased and assaulted him. There he was lying in unconscious condition in a pull of blood. The accused persons assaulted Shyamlal and Manoj with an intention to kill them. The incident occurred because the accused persons levelled false allegation against Manoj about having illicit relation with a girl resident of the same village. On the basis of this report, Crime No. 55/97 under Sections 147, 148, 307 read with Section 149 of the Indian Penal Code was registered against the appellants and the police stepped into investigation. Spot map Ex. P/2 was prepared by the Investigating Officer at the instance of the complainant (PW-1) Babibai and witnesses Ramesh and Motilal. Inquest report of deceased Shyamlal Ex. P/33 was prepared. Manoj also died and his inquest report is Ex. P/4. The dead bodies of Shyamlal and Manoj were sent to Madhya Bharat Hospital, Mhow with medical requisition forms. The postmortem report of deceased Shyamlal is Ex. P. 10 and that of Manoj is Ex. P/8. All the accused persons were arrested. Their arrest memos are from Ex. P/24 to Ex. /48. On disclosure statements of the accused persons the weapons like lathis, axe, bamboo-sticks, Dhariyas and swords were seized by the Investigating Officer. The injured witnesses P. W. 2 Kaushlyabai, P. W. 5 Reena, P. W. 7 Gaurishankar, PW-8 Chhitarsingh and PW-10 Baiju were also medically examined. Their M. L. C. Reports are Exs. P/58, P/5, P/59, P/6 and P/7 respectively. From the spot, bloodstained and controlled earth were seized. The seized articles were sent for examination to the Forensic Science Laboratory. Its report is Ex. P/55. After requisite investigation, charge-sheet was filed against the appellants for commission of the offences punishable under Sections 147, 148, 302/149 and 323 of the Indian Penal Code and Section 25 of the Arms Act.

(3.) The appellants denied the charges. According to them, they were falsely implicated. The appellants examined eight witnesses in defence while the prosecution examined in all 18 witnesses and adduced 59 documents in order to establish its case. The learned trial Court finding the appellants guilty of the offences, convicted and sentenced them as indicated hereinabove.