HARISHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 536/89; Nana Basantilal v. State of M.P. and Criminal Appeal No. 540 of 1989 Nana Basantilal v. State of M.P.

(2.) The aforesaid three appeals have been directed against the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Garoth, District Mandsaur on 20th Nov., 1989, in Sessions Trial No. 66/88, thereby convicting appellants Harishankar and Nana Basantilal for the offences punishable under Sections 302,307 of the I.P.C. for having committed murder of Babu Khan S/o Manir Khan and attempting to commit murder of Ranglal (PW7) in the intervening night of 16117th August, 1987 in the reserved forest of Sangram Ghat, P.S. Bhanpura and sentencing each of the accused to undergo imprisonment of life and fine of Rs. 20,000/- for offence u/Sec. 302 IPC and 10 years RI and fine of Rs. 1,000/-for the offence under Sec. 307 IPC, in default of fine, the appellants are further directed to suffer rigorous imprisonment for four years and one year consecutively.

(3.) The case of the prosecution in brief is that deceased Babukhan, Khadim Hussain (PW 6) and Ranglal (PW 7) were posted as Ch6ukidars in the forest of Sangramghat Barner. On 16.8.1987, when Khadim Hussain (PW 6) was sleeping in the hut situated near the barrier and deceased Babu Khan and Ranglal were sleeping out of the hut on separate cots, at about 1.00 a. m. in the night, four persons came there and started beating Babukhan and Ranglal. Babukhan and Ranglal shouted for help. Due to cries, Khadim Hussain, who was sleeping in side the hut awoke and saw that four persons were assaulting Ranglal and Babukhan. At the time of incident, a lantern was burning outside the hut. In the light of the lantern, Khadim Hussain identified present appellants Han Maharaj and Nana Basanti Lal amongst assailants. Seeing one motor cycle, passing by the side, the appellants and their companion fled away from the spot. Immediately thereafter, Khadim Hussain came out of the hut and saw injuries of Babukhan and Ranglal. Babukhan sustained injuries on his head and other parts of the body and Ranglal sustained injuries on his chest and other parts of the body. Khadim Hussain (PW 6) rushed Bhanpura and informed Deputy Ranger Sukhpal Singh (PW 5) about the incident. On information received from Khadim Hussain, Sukhpal Singh proceeded to Police Station, Bhanpura and informed the police about the incident. Thereafter, Sukhpal Singh alongwith one Constable Billu Faryaz (PW 20) reached the place of incident by a truck. Injured Babukhan and Ranglal narrated the incident to Deputy Ranger, Sukhpal Singh and also disclosed the names of the appellants Han Maharaj and Nana Basantilal as the assailants. Injured Babukhan and Ranglal were brought to Police Station, Bhanpura where FIR Exh. P/12 was lodged by Khadim Hussam (PW 6). After registration of the report, statements of injured Babukhan and Ranglal were recorded by the police and they were sent for medical treatment in the hospital, Bhanpura. Both were admitted in the hospital. Injured Babukhan expired in the hospital in the morning on 17.8.1987 at 6.55. The information about the death of Babukhan was sent to, Police Bhanpura on the basis of which merge report, Ex. P /2 was prepared.