BALAI @ BALRAM PRAJAPATI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment of conviction and sentence dated 05.04.2002 passed by the Special Judge [under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Bhind (M.P.) in Special Sessions Trial No.74/2000 whereby the appellant has been convicted of offence under Section 302 read with Section 34 of IPC and sentenced to Life Imprisonment with a fine of Rs.2,000/-, in default of payment of fine six months' additional imprisonment.

(2.) Facts of the case, in short, are that on 11.08.1996 the deceased Chaturi Jatav was present in his house at village Manikpura, Police Station Mehgaon, District Bhind (M.P.). At about 07:00 pm, accused Hardayal took Chaturi Jatav to his house so that his account would be settled. After 1-1/2 hours approximately, the witnesses Ahirwaran (PW-2), Malkhan Singh (PW-3), Kedar (PW-4) and Ramgopal (PW-5) heard the noise from the house of Hardayal. The deceased Chaturi Jatav was shouting. When these witnesses went to the house of Hardayal they found that the accused Hardayal, Fundi, Ramkishan along with appellant Balai @ Balram Prajapati were assaulting the deceased Chaturi Jatav with axe, stick and a Beda (a wooden log stopper to close the door). After the incident the accused persons jumped the wall and ran away. Chaturi Jatav sustained severe injuries and he was lying unconscious. The complainant Ahirwaran (PW-2) took Chaturi Jatav with him to his house. Since there was flood in the river therefore he could not take him to the Police Station Mehgaon. On 12.08.1996 at about 08:45 am complainant Ahiwaran (PW- 2) lodged the FIR Ex.P-2. Thereafter, the police went to the spot and memo of dead body was prepared as Ex.P-6. The dead body of the deceased was sent for post-mortem. Dr. R.K. Taneja (PW-1) performed the post mortem on the body of the deceased at Govt. Hospital Mehgaon and gave a report Ex.P-1. He found as many as eight injuries to the deceased. Out of them three incised wounds were found on just above zygomatic bone above left ear and above mastoid bone and on the head just above the parietal bone. He also found that zygomatic bone, mastoid bone and parietal bone of the deceased of left side of his body were broken into pieces. The deceased died due to head injury. The investigating officer also took the earth and blood stained earth from the spot and arrested the accused persons. The memo under Section 27 of the Evidence Act was prepared for accused Hardayal and Fundi and one axe and a stick have been recovered from them respectively. Seized property along with the clothes of the deceased were sent for forensic science analysis. On completion of investigation, the charge-sheet was filed showing the appellant Balai @ Balram Prajapati to be absconding.

(3.) A trial was completed against the co-accused Hardayal and Fundi and the judgment dated 17.03.1999 was passed by the then Special Judge, Bhind. Criminal Appeal No.269/99 filed by accused Hardayal was also disposed of vide judgment dated 08.04.2008. When the appellant was arrested, the matter was again tried against the appellant.