SHIV DAHALE Vs. STATE OF M P

JUDGEMENT

(1.) The appeals have been preferred by the accused appellants aggrieved by their conviction u/s 302 r/w 149 and 148 I.P.C. They have been sentenced u/s 302 r/w 149 I.P.C. to undergo RI for life and fine of Rs.2000/-each, in default of payment of fine to undergo R.I. for one year and u/s 148 I.P.C. they have been sentenced to undergo R.I. for one year, by judgment and order dated 27.1.1999 passed by IInd Addl. Sessions Judge and Special Judge, Balaghat in Special Criminal Case No.51/98 and 120/98.

(2.) Two charge-sheets were preferred with respect to same incident. Cr.Case No.51/98 was filed before the special Court whereas in S.T. No.120/98 the case was filed before the C.J.M. is committal Court. Both the cases were consolidated. Common evidence had been recorded by the Court-below. Out of 11 accused persons six have been acquitted. The appeals are on behalf of remaining five accused persons.

(3.) Prosecution case, in short, is that on 8.5.1998 Sanjay Sorle (deceased) came to village Bharveli to attend marriage of Sangita, at that time when BARAT procession was at the door, Deepak and two others were driving motor-cycle, it appears that leg of one rider dashed with one of Barati on that an altercation took place, Deepak and two riders went away on the motorcycle, Deepak had threatened to see Sanjay. After sometime Deepak came back along with four other accused persons namely; Gudda @ Shivshanker, Shiv, Suresh and Shanker. In the first information report (P/1) lodged by Ganesh Prasad (PW-1) it was mentioned that at about 10:30 p.m. Deepak Pardhan, Shanker, Suresh, Gudda, Shiv Kumar Dahle came on a bullet motor-cycle and Sanjay was taken out of the MANDAP to the road, Gudda inflicted injuries on sanjay with the help of knife, Shiv with Gupti, Shanker, Suresh and Deepak gave fists blow, Sanjay came towards MANDAP and fell down, he was taken in the Auto-Rickshaw to the Police Station Bharveli where report was lodged at 11 p.m. after 30 minutes of the incident. Offence was registered at Crime No.54/98. Sanjay was taken to District Hospital, Balaghat where he was declared dead. Inquest was done, map (P/3) was prepared, body was sent for autopsy, performed by Dr. Nilay Jain (PW-7). Spot maps (P/4 and P/5) were prepared. On the basis of information furnished by accused Gudda @ Shivshanker and Shiv Kumar knives were seized. Bullet motor-cycle was also seized from Chokhu @ Sudhanshu. The articles which required the chemical test were sent to FSL, Sagar including control and blood stained soil.