SHRIRAM & ANO Vs. STATE OF M P

JUDGEMENT

(1.) This common judgement shall govern the disposal of Criminal Appeal No.1373/2005, Criminal Appeal No.1419/2005 & Criminal Appeal No.1584/2005.

(2.) These criminal appeals have been filed against the judgment dated 23.05.2005 passed by Special Judge (SC/ST (Atrocities) Act), Satna in Special Sessions Trial No.6/2002, whereby learned Special Judge found appellants guilty and convicted and sentenced as under:-

(3.) Brief facts of the case are that the deceased Bhaiyalal and appellant Sarman lived in the same vicinity at village Kalyanpura Tikuritola. On 14/11/2001 at 10 p.m appellant, Rajendra son of Sharava molested Savita (PW/5) daughter of Bhaiyalal. Savita narrated the incident to her brother Manoj and other family members. On the next day i.e. on 15/11/01 at about 4:30 P.M Manoj spoke to Rajendra about the incident. On that appellant Rajendra, Kunjilal and other co-accused Laxman and Virendra assaulted Manoj by sticks. Manoj sustained injuries on his head and other body parts and after returning home from the spot Manoj narrated the incident to Bhaiyalal and lodged the report of the incident at P.S. Maihar. Bhaiyalal went to the Advocate Ravikant Panday's house for consulting him regarding the incident. When Bhaiyalal was returning to his house after meeting with advocate Pandey along with Ramakant by Moped, on the way at about 6 pm when they were passing in front of appellant Shravan's house, appellant Ramadhar armed with Iron Pipe, Ashoke armed with hockey stick, Sriram armed with Iron rod, Bablu armed with sword and Shravan Kumar, Kaidi, Javendra, Rajaram, Kunjilal, Babulal, Pooranlal, Bundilal, Rajendra and Gorelal and other co-accused Laxman, Virendra, Ramlakhan and Rajesh armed with sticks came shouting 'Maro Maro' and cordoned them off. Ramakant ran away from the spot to escape and entered into his house. Appellants and other co-accused assaulted Bhaiyalal. On that Taradevi (PW/3) shouted, on hearing, Ramakant (PW/2), Lalita (PW/4), Savita (PW/5) and Ramsajivan came out from the house and reached the spot where they saw that Bhaiyalal lying in an injured state, blood was oozing out from his head. Appellants also assaulted Taradevi (PW/3), Lalita (PW/4), Savita (PW/5), Ramsajivan, Belia and Rajendra. At that time deceased Ramesh and Thakurdeen also came there from field side. Appellants and other co-accused assaulted them too. Appellant Sriram and Shravan assaulted deceased Bhaiyalal on his head, due to which, he died on the spot. In the incident deceased Thakurprasad, Ramesh, injured Taradevi, Lalita, Savita, Ramsajivan, Belia and Rajendra also sustained injuries. Kamal Prasad (PW/1), Chhotuku Lodhi (PW/6) and Vinod Kumar (PW/16) also came on the spot and saw the incident. Soon after the incident Kamal Prasad (PW/1) lodged the FIR (Ex.P/1) of the incident at Police Station Maihar. On that police registered Crime No.597/2001 for the offences punishable under Section 147, 148, 149, 302, 307, 323 of IPC and investigated the matter. During investigation, police went to the spot and took Ramesh, Thakurdeen and Rajendra to Civil Hospital Maihar where Dr. R.M. Sharma (PW/9) examined Ramesh and Rajendra and gave MLC report Ex.P-32 & 34 respectively and also examined Thakurdeen and declared him dead and gave report (Ex.P-33). On 16/11/01 Inspector D.D. Tripathi (PW/18) reached the spot and seized blood stained and simple soil from the spot and prepared seizure memo (Ex.P/4 to Ex.P/6), spot map (Ex.P/3) and also prepared inquest memo of dead body of deceased Bhaiyalal (Ex.P/2). He also sent the dead body of Bhaiyalal for postmortem along with application (Ex.P/58) and also sent injured Ramsajivan, Belia, Lalita (PW/4), Savita (PW/5) and Taradevi (PW/3) for medical examination along with request letters (Ex.P/57 to Ex.P/61) to Civil Hospital Maihar. During treatment Thakurdeen and Ramesh died. On that information on 16/11/01 Head Constable Babulal (PW/15) reached the hospital and prepared inquest memo (Ex.P/36 and Ex.P/37) of their dead bodies and gave the request letter (Ex.P/41 and Ex.P/42) for postmortem of dead bodies. Dr.Abhay Raj Singh (P.W.8) conducted postmortem of dead body of deceased Ramesh, Bhaiyalal and Thakurdeen and gave postmortem reports (Ex.P-24 to Ex.P-26). He also seized blood stained cloths from the dead bodies of deceased Ramesh, Bhaiyalal and Thakurdeen and sent it to P.S. Maihar in three sealed packets which were seized by D.D, Tripathi who prepared seizure memo (Ex.P/61). Dr. Abhay Raj Singh (P.W.8) also examined injured Ramsajeevan, Baliya, Lalita, Savita & Taradevi and gave MLC report (Ex P-27 to Ex.P-31).