VIKRAM @ MANOJ JAT Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal, under section 374 Cr.P.C., at the instance of the convict Vikram alias Manoj Jat s/o Govind Singh Jat is against the judgment dated 05/01/2008 passed by the Special Judge (Atrocities), Gwalior in Special case No.12/2001. The appellant is convicted under section 148 IPC and sentenced to suffer 2 years rigorous imprisonment with fine of Rs.1,000/ - as well as under sections 302/149 IPC for life imprisonment with fine of Rs.1,000/ - besides, in default to undergo six months further imprisonment for each offence and direction that both the jail sentences shall run concurrently.

(2.) As per prosecution story, on the date of incident, i.e., on 03/06/2000 at about 8.00 am deceased Balkishan belonging to "Batham community", while going to attend Water Shed Committee meeting being President, was sitting at the Chabutara (Platform) near the bus stand at village Tiholi. In the close vicinity, at the check post of Forest Department, prosecution witness Buddharam Batham (P.W.3) was also sitting. Preetam, Mahesh (P.W.2) and Naval Kishore (P.W.4) had arrived at the bus stand just before occurrence of the incident after unloading cement at Stop Dam. At that time, a bus coming from Behad had come and stopped. Accused persons, Govind Singh, Vinod, Pratap Joshi, Dablu Joshi, Kamal Ojha and present appellant Vikram alighted from the bus. Appellant Vikram armed with Mouzar gun, Govind Singh armed with double barrel 12 bore gun, Vinod armed with single barrel 12 bore gun and the remaining three accused persons were armed with Katta (country made pistol). After getting down from the bus, all the accused persons took their position behind tractor -trolley standing on the other side of the road. Appellant Vikram fired a gun shot at the deceased, Balkishan which hit on his left hand. Deceased, Balkishan to save his life ran towards the Village. Accused, Vikram alongwith 05 co -accused chased the deceased Balkishan firing gun shots. Deceased Balkishan entered nearby house of Ratanlal (P.W.1). Accused Vikram alongwith 05 other co -accused also entered the house of P.W.1 Ratanlal. Accused persons dragged Balkishan in the courtyard of the house and fired several gun shots piercing through forehead, left eye, below ear lobe (duiVh) and chest resulting into death of Balkishan. Thereafter they fled away.

(3.) P.W.3 Buddharam at about 9.00 am lodged FIR (exhibit P/3) at the Police Station Utila situated at about 4 kms from the place of incident. Case was registered under sections 147, 148, 149 and 302 IPC and also under section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989"). As regards death of Balkishan, marg report (exhibit P/4) was also prepared. The investigation was carried out by B.S.Yadav, Station House Officer (P.W.6). Spot map was prepared vide exhibit P/6. As per seizure memo (exhibit P/5), the following items have been seized: