BHADDU Vs. STATE OF M P

JUDGEMENT

(1.) These criminal appeals arise out from the same incident, therefore, they are being disposed of by the common judgment.

(2.) These criminal appeals have been preferred under Section 374(2) of Cr.P.C being aggrieved by the judgment, finding and sentence dated 18.01.2001 passed by VII Additional Sessions Judge, Jablalpur in S.T.No.275/98 whereby the appellants have been convicted under sections 147,302/149,324/149,323/149 and 436 of IPC and sentenced thereunder to R.I. for 1 year, life imprisonment with fine of Rs.500/-, in default R.I. for 3 months, R.I. for 2 years., R.I. for 1 year, R.I. for 5 years with fine of Rs.500/-, in default R.I. for 3 months respectively. The sentences are directed to run concurrently.

(3.) The prosecution case in short is that on 02.03.1998 at about 10.00 a.m. Shankar Lal Pandey went to his field which was given on 'Sikmi' to Vishal alias , Lata for plucking tomatoes but was refused by his wife Sonibai who abused him. A village Panchayat was convened at Chabutara of Khermai in village Sukri where Shankar Lal Pandey was called through Sonibai, who went at the house of Shankar Lal Pandey with other women in the evening but the wife and mother of Shankar Lal Pandey refused to send him in Panchyat. When Sonibai returned, Lata, Bhaddu Singh, Barelal, Raghuveer Singh, Summat, Gyan Singh, Antar Singh, Bhaddu Singh, Khushilal, Pratap, Latori, Ramsingh, Beeran Singh, Rup Singh, Sone Singh, Jagan Singh, Sonu Singh, Awadhlal, Sonibai, Basori, Hari Singh and 15-20 other persons armed with Lathi, Danda, Sickle and Ballam went there at the house of Shankar Lal Pandey and set the houses on fire. They assaulted Shankar Lal Pandey, Awadh Bihari Pandey and Mahendra Prasad Pandey. As a result thereof, Shankar Lal Pandey died on the spot and Awadh Bihari Pandey and Mahendra Prasad Pandey sustained injuries. Mahendra Prasad Pandey (PW- 10) lodged the FIR (Ex.P/18) at police station Kundam on 02.03.1998 at 23:45 p.m. wherein Crime No.27/98 was registered under Section 147, 148, 149, 302, 436 of IPC. Marg intimation No.9/98 was registered under Section 174 of Cr.P.C. Kamta Singh Baghel, A.S.1. proceeded to the spot but on account of pelting stones by people he could not reach the spot, hence he informed Police Headquarter at Jabalpur and ultimately Shri Ravindra Kumar Gautam, S.H.O. of police station Kundam went alongwith the force and fire brigade and controlled the situation. Panchnama of dead body of Shankar Lal Pandey Ex.P/5 was prepared and his dead body was sent for postmortem examination. Dr. K.C. Singhai (PW-5) conducted the post mortem examination- and found 5 incised wounds on the head. He opined that his death was on account of haemorrhagic shock due to head injuries with fracture and the death was homicidal in nature. The clothes of deceased Shankar Lal Pandey were seized. Awadh Bihari Pandey and Mahendra Prasad Pandey were sent for medical examination to Kundam Hospital wherein they were also examined by Dr.K.C.Singhai (PW-5). He found 2 incised wounds, 2 lacerated wounds and 6 contusions on the person of Awadh Bihari Pandey and 2 lacerated wounds and 3 contusions on the person of Mahendra Prasad Pandey. The spot map (Ex.P/2) was prepared. Blood stained, controlled soil, sickle, danda were seized. Devdas Vaishno (PW-6), Patwari also prepared the spot map (Ex.P/15) and damage panchnama Ex.P/12 to Ex.P/14 caused by fire to the houses of Shankar Lal Pandey, Narayan Prasad Pandey and Umesh Kumar Burman. The statements of the witnesses were recorded under Section 161 Cr.P.C. After completing the investigation; the charge sheet was filed in the Court of JMFC, Jabalpur, wherein Criminal Case No. 282/98 was registered which was committed to the Sessions Court for trial on 29.06.1998.