SHRIRAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.9.1998 of the learned IIIrd Additional Sessions Judge, Dewas in Sessions Trial No. 7/1991 by which the appellants have been convicted for offence punishable under Section 302 read with Section 149 of the IPC and each has been sentence to imprisonment for life and under Section 148 of the IPC and each has been sentenced to rigorous imprisonment for one year. Accused Shriram has also been convicted under Section 326 simpliciter and sentenced to R.I. for seven years while accused Bholaram has been convicted for the said offence read with Section 34 of the IPC and the two have been sentenced to seven years rigorous imprisonment.

(2.) The appellants were tried for the said offences on the allegation that on 8.5.1990 at about 9 or 9.30, A.M., Murli, after closing his shop, was taking his cattle for tying them with a rope but as he reached in front of the temple, he saw deceased Vikramsingh in conversation with two or three persons. While he was returning from his shop, he witnessed that accused Shriram and Gattu Singh were each wielding a sword and without uttering anything, they unleashed an assault over Vikramsingh. Vikramsingh tried to ward off all the blows with the result his hands were chopped off. On alarm being raised by Vikramsingh, accused Sitaram Kalota and accused Mansingh arrived armed with swords and assaulted Vikramsingh. At this juncture, Balaram Kalota also came armed with a Dharia while other accused viz. Kaniram, Madan, Radheshyam, Bholaram, Rameshwar and Ramcharan approached duly armed with various hard and sharp and hard and blunt weapons. All these persons surrounded the deceased and started abusing him. As a result of the assault with swords, Vikramsingh fell down on the ground. At this point of time, they saw witness Murli running away. He was chased by Shriram, Sitaram, Gattu as also Bholaram. The prosecution alleges that Bholaram caught hold of Murli while others viz. Shriram, Sitaram and Gattu started assaulted him with swords. They assaulted him on his legs. Murli however, managed to extricate himself from the grips of Bholaram and tried to escape but he was chased till Murli reached his house and informed the ladies of the house that Vikramsingh had died and that he had sustained serious injuries.

(3.) As a result of the assault by the accused persons, Vikramsingh died on the spot. Murli, therefore, proceeded to the Police Station Barotha where he lodged the FIR Ex.P/1 on the basis whereof an offence was registered and investigation commenced. During investigation, a spot-map was prepared and inquest was held on the dead body of Vikramsingh. From the possession of witness Murli, a blood stained 'Pajama' was seized and samples of blood stained earth and control earth were taken. The photographs of the dead body were also taken and Murli was sent for his medical examination. In further investigation the accused persons were arrested and various weapons were seized at their instance.