NANDU Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374(2) of the Code of Criminal Procedure, against the judgment dated 19/05/2008 passed by Second Additional Session Judge, District Betul in Sessions Trial No.86/2007, whereby learned A.S.J. found the appellant guilty of the offences punishable under Section 302 and 325 of the IPC and sentenced him to undergo RI for life imprisonment with fine of Rs.500/- and RI for two years with fine of Rs.300/-, with default stipulations.

(2.) Brief facts of the case are that on 04/03/07 at around 2:00 PM when Sakunbai was grazing the goats near the Bank of a river, at village Singanbadi, Betul Bazar and her son Ganesh (PW/6) was also there appellant, the husband of Shakunbai came and demanded money to drink alcohol and when she denied appellant assaulted her by stick. When she shouted Channulal (PW/3) came there and rescued Shakunbai and took her to her house. At that time Shakunbai's parents (mother-Kamaraja and father-Natthu) were also present and her son Ganesh (PW/6) also came with Shakunbai to the house. Some time later appellant came to the house and again assaulted Shakunbai with stick. When Kamaraja and Natthu came to rescue her, appellant also assaulted them by stick. In the incident Shakunbai sustained injuries on her face and head. Nathu sustained injuries on his head and left leg and Kamaraja on his head. Ganesh (PW/6) took Shakunbai, Kamarja and Natthu to Civil hospital Betul with the help of Channulal (PW/3) and Mishrilal(PW/4) where Dr.A.K. Pande (PW/15) examined them and gave injury report (ExP/20) of Shakunbai and declared Kamarja and Nathu dead and sent the report to this effect to Police Choki situated in the hospital. On receiving that information Head Constable S.K.Verma (PW/8) entered it in the daily dairy. Pooja (PW/7) daughter of appellant informed about the incident to her maternal uncle Lakshman(PW/1) who came to hospital and lodged the enquest report (Ex.P/1) and FIR (Ex.P/2) at Police Chouki situated in the hospital. S.K. Verma (PW/8), wrote these reports and sent them for original registration to Police Station Betul Bazar through Constable Girdharilal (PW/13). On that report, Inspector Arun Yogi (PW/14) registered Crime No.34/07 (Ex.P/16) for the offences punishable under Section 307 , 302 of the IPC and also registered inquest case no. 4/07 and 5/07 (Ex.P/17) and investigated the matter. During investigation Arun Yogi (PW/14) reached the Hospital and prepared inquest memo of the dead body of Kamarja and Natthu (Ex.P/5 & Ex.P/6) and sent the dead bodies for postmortem along with request letter (Ex.P/18 & Ex.P/19). On 05/03/07 Dr. Dinesh Dahelwar (PW/18) conducted autopsy of dead body of Natthu and Kamarja and gave autopsy report (Ex.P/18 and Ex.P/19). He also seized the clothes of the deceased from their body and sealed it in two packets and handed them over to constable Girdharilal (PW/13) for producing the same to P.S. Betul Bazar. He produced those sealed packets at P.S. Betul Bazar which were seized by Shrikant Shukla from his possession who prepared seizure memo (Ex.P/16).

(3.) During investigation, on 05/03/07 Arun Yogi (PW/14) went to spot and prepared spot map (Ex.P/22) and seized blood stained and simple soil from the spot and prepared seizure memo (Ex.P/13) and arrested the appellant and prepared arrest memo (Ex.P/25) and on the information of the appellant he seized one stick from the house of the appellant and prepared information memo (Ex.P/10), seizure memo (Ex.P/11) and also seized one blood stained shirt of the appellant and prepared seizure memo (Ex.P/12). He also seized one saree of Shakunbai from his possession and prepared seizure memo (Ex.P/20). He also called the query report from Dr. A.K. Pandey (PW/16) and Dr. Dinesh Dahelwar (PW/18) enquiring whether injuries sustained by Shakunbai and deceased Kamarja and Natthu were caused by the stick seized from possession of the appellant. On that Dr. A.K. Pandey (PW/15) and Dr. Dinesh Dahelwar (PW/18) gave the query reports (Ex.P/21) and (Ex.P/23) respectively to the effect that injuries sustained by injured Shakunbai and deceased Kamarja and Natthu could be caused by the seized stick. He also called the report (Ex.P/21) from Dr. ML. Rathore (PW/17) regarding nature of injuries sustained by Shakunbai in the incident. On that Dr. ML. Rathore (PW/17) gave the report (Ex.P/21) that the injuries sustained by Shakunbai were grievous in nature. He also recorded case diary statements of Lakshman (PW/1), Urmila (PW/2), Channulal (PW3), Mishrilal (PW/4), Shakun Bai (PW/5), Ganesh (PW/6), Pooja (PW/7), Kamal Kishore (PW/11) and Ramesh Kumar Verma (PW/12) and sent seized articles for chemical examination along with draft (Ex.P/26) through S.P. Betul for FSL, Sagar. From where FSL report (Ex.P/27) was received. After completion of investigation Police filed charge-sheet before Judicial Magistrate, First Class, Betul, who committed the case to the Court of sessions, where from that charge-sheet ST. No.86/07 was registered.