GODILA ALIAS DHARMSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Judgment shall also dispose off Criminal Appeal No.400/2007 filed by Mantoli @ Mantola alias Raghvendra Singh.

(2.) These Criminal Appeals have been filed against the judgment and sentence dated 22-3-2007 passed by Special Judge (Atrocities), Gwalior in Special Sessions Trial No.122/2005, by which the appellants have been convicted under Section 302/34 of I.P.C. and have been sentenced to undergo the Life Imprisonment and a fine of Rs. 5,000/- with default imprisonment.

(3.) The necessary facts for the disposal of the present appeals in short are that a F.I.R. was lodged by Purshottam Arya, on 18-8-2005 at about 6:30 A.M., alleging that at about 6 A.M., he along with his brother Raju and Mohan were going to take milk and Mohan was walking ahead of them. The moment, Mohan reached near the sweet shop, the appellants who were already there, stopped Mohan and appellant Godila @ Dharmsingh took out a country-made pistol and appellant Mantola took out a knife. Appellant Godila, with an intention to kill Mohan fired at him three to four times, whereas appellant Mantola assaulted the deceased Mohan several times as a result of which, Mohan fell down. The complainant and Raju found that Mohan had already expired. Thereafter, the appellants Godila and Mantola ran away. It was also alleged that on earlier occasion, both the appellants had quarrelled with Mohan on the question of vacating the house and demand of money, therefore, they have killed Mohan. The incident was seen by Gopal, Umesh, Premnarayan and others. The police after registering the F.I.R., started investigation. The spot map was prepared. Plain and bloodstained earth was seized. Inquest report was prepared. The dead body of Mohan was sent for postmortem. The appellants were arrested. One knife was seized from the possession of Mantola, whereas one country made pistol was seized from the possession of Godila. Knife was sent to F.S.L., Sagar, which opined that the cut marks on the shirt of the deceased and the size and shape of the knife suggests that the incised wounds were caused by knife as the nature of cut marks on the shirt are similar to that of knife. The pistol was also found to be in working condition. The police after completing the investigation, filed the charge sheet against the appellants for offence under Section 302/34 of I.P.C., under Sections 3(1)(x), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and under Section 25/27 of Arms Act.