SITARAM Vs. STATE OF M P

JUDGEMENT

(1.) BY this appeal, appellants have challenged their conviction under Section 302/149 of the IPC, sentenced to RI for life and fine of Rs. 2,000/- each, in default payment of fine additional RI for three months, also under Section 147 of the IPC, sentenced to RI for three months to each of the appellants. Both the substantial sentences have been directed to run concurrently.

(2.) IN short, the prosecution case as unfolded before the Trial Court is that on 23rd January, 1996 in the morning at 8. 00 a. m. , Kanchanbai (P. W. 1), and her husband deceased Champalal were taking she-buffalo to their field. When they reached near the field of one Dalu, deceased, Champalal stayed for answering the call of nature and Kanchanbai continued to proceed towards with the she-buffalo. Champalal was attacked by the appellants having sword and farsi (*** ). Appellant Bhagwan was having sword and other appellants were possessing farsi (*** ). On hearing cry of Champalal, Kanchanbai took a turn and saw the incident and also rushed towards the scene of occurrence. The appellants after seeing her, fled away. On alarm being raised by Kanchanbai, Ramsingh (P. W. 2), Ramesh Chandra (P. W. 3) and other villagers reached on the spot. On quarry by Ramsingh and Ramesh chandra, deceased Champalal disclosed that because of old enmity he was assaulted. Champalal sustained injuries on all over the body and he was taken to village on a cot. From village, in tractor of Goma (P. W. 5), deceased was taken to Shamgarh. Champalal was not in a position to speak therefore, FIR (Exh. P-1) was lodged by Kanchanbai (P. W. 1 ). In the same tractor, Champalal was sent to hospital, but he died on the way and intimation to this effect was given in Police Station by Constable Chandansingh (P. W. 11), on the basis of which, merg (Exh. P-25) was registered. After completion of inquest proceeding, dead body was sent for post-mortem examination to Govt. Hospital Shamgarh. Dr. V. B. Jain (P. W. 4) conducted post-mortem examination of deceased Champalal. Post-mortem report is Exh. P-5. The Investigating Officer seized blood stained and controlled earth from the spot and also prepared spot map. After arrest of the appellants at their instance, sword and farsi (chd^l cfleil were seized. Seized articles were sent to Forensic Science Laboratory and after receipt of its report, same was filed before the Trial Court. After due investigation, appellants were charge-sheeted for the above mentioned offences.

(3.) APPELLANTS denied the charged and submitted that Champalal was having criminal antecedents and is a person of quarrelsome nature. There were number of reports against him and also was facing criminal cases, therefore, he was having inimical term with several persons. Out of those persons, somebody might have committed his murder, but appellants have been falsely implicated because of enmity. Appellants have filed certified copies of judgments, FIRs and charge-sheets vide Exhs. D-4-D-15. Appellant Bhagirath (appellant No. 6)pleaded alibi. According to him, he was on well. They have also submitted that because of election and political rivalry, Ramsingh (P. W. 2) was having inimical term with Pahalwan (appellant No. 3) and Mohandas (appellant No. 5) and against Ramesh Chandra (P. W. 3), a report was lodged against his brother ramchandra by wife of appellant No. 1 Sitaram and mother of appellants, pahalwan and Mohandas named Kaushalyabai regarding beating her and, because of enmity, the appellants have been falsely implicated. Appellants Bapu and Bhagwan have also stated that they were having inimical terms with witnesses Ramsingh (P. W. 2) and Ramesh Chandra (P. W. 3) and because of all these reasons, both the witnesses stood against them and at the instance of ramsingh (P. W. 2), Ramesh Chandra (P. W. 3) and Kanchanbai (P. W. 1)concocted a false case against the appellants.