PHOOLSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) These appeals (Cr.A.No.1384/2009 and Cr.A.No.105/2010) have been filed by appellant/accused Phoolsingh, Shankar and Prakash, who have been convicted by learned A.S.J., Sardarpur, Distt. Dhar in S.T.No.104/07 for an offence under Section 302 of IPC and sentenced to undergo life imprisonment and to pay fine of Rs.2,000/- with default stipulation.

(2.) Prosecution story in brief is that complainant Ramesh (PW-1) lived in Village Imlipada with his family. His father deceased Kanji, brother Chanda @ Peerchand also lived with him. His uncle Ratan, Shambhu and Peeru and his grandmother Kalibai also lived in the neighbourhood. On 06.12.2006, blood was coming out in the milk of Prakash's cow. So, Prakash told that Dakan has eaten his cow esjh xk; dks Mkdus yksx [kk x;s gaSÀ due to which blood is coming in the milk of his cow. On this matter, Phool Singh said to other co accused - "let's kill them today" and at 9.00 p.m., when complainant Ramesh (PW-1) along with his family members father deceased Kanji, Shambhu (PW-2) grandmother Kalibai (PW-3), Chanda @ Peerachand (PW-4), uncle Ratan (PW-5), mother Nandibai (PW-6), brother Asharam (PW-7), sister Nirmala Bai (PW-8), and Kamlabai (PW9) were sitting outside his house and chatting with each other, present appellant Phoolsingh armed with sword, Shankar S/o Bhagirath armed with dhariya, Prakash armed with axe and other co-accused Bherulal, Ramratan, Ramchandra, Sukhram and Bhagirath armed with sword, Kailash, Ambaram, Shankar S/o Heera, Shambhu Ram and Babu armed with stick, Mayaram armed with dhariya, Mansingh armed with iron rod along with other co- accused Heera, Ramkishan, Shriram, Laxman, Bharat, Leelabai, Bhagabai and Nanji came there and assaulted complainant Ramesh and his family members. Shankar beat Kanji with farsi and Phool Singh with sword. Kanji sustained injury on his head and fell down. Co-accused Lilabai and Bhagabai threw stones over Kanji. Other co-accused Kailash, Shobharam, Ambaram, Mayaram and Ramchandra beat Ratan and Shambhu with intent to kill them. Present appellant and other co-accused also beat complainant Ramesh, Nirmalabai, Nandibai, Ratan, Shambu, Peerachand, Kalibai, Asharam, Kamlabai and also broke door and Kavelu of complainant's house. After the assault appellants and other co-accused fled away from the spot. Kanji died on the spot due to injury sustained by him in the incident. Complainant Ramesh and Peerchand, Kalibai, Shambhu, Ratan, Nirmlabai, Nandibai, Asharam, and Kamlabai, also sustained injuries. Shambhu's ulna bone of left forearm, and Kalibai,s femur bone of left thigh and proximal phalanx of ring finger, Ratan's ulna bone of left forearm also got fractured.

(3.) After the incident complainant Ramesh lodged report (Ex.P/1) at P.S. Rajod, Distt. Dhar, which was written by D.P.S.Chouhan (PW-22). On that report Crime No.157/2006 was registered against the present appellant and other co-accused persons and investigated the matter. During investigation D.P.S.Chouhan (PW-22) went to the spot on 07.12.2016, made spot map (Ex.P/2), damage memo (Ex.P/24), seized simple and blood stained soil from the spot and prepared seizure memo (Ex.P/84). He also seized blood stained shirt and vest of injured Shambhu and Ratan and prepared seizure memo (Ex.P/82 and Ex.P/83) prepared inquest memo of dead body of Kanji (Ex.P/4) and recorded the case diary statement of prosecution witnesses Ramesh (Ex.D/1), Shambhu (Ex.D/2), Kalibai (Ex.D/3) Peerachand (Ex.D/4), Ratan (Ex.D/5), Nandibai (Ex.D/6), Asharam (Ex.D/7), Nirmlabai (Ex.D/8), Kamlabai (Ex.D/9), Dashrath and Bherulal and also sent the dead body of Kanji for autopsy to the CHC, Sardarpur along with request letter (Ex.P/86), where autopsy was conducted by Dr. Nitin Joshi (PW-21) and prepared postmortem report (Ex.P/85). He also sent Peerachand, Kalibai, Shambhu, Ratan, Nirmlabai, Nandibai, Asharam, Kamlabai and Ramesh for medical examination. Their medical examination was conducted by Dr. O.P.Parmar (PW-17) and he gave MLC report (Ex.P/30 to Ex.P/38) respectively and X-ray examination of injured Shambhu, Kalibai and Ratan was conducted by Dr.B.R.Bansal (PW-18) and it was found that Shambhu's ulna bone of left arm and tibia of left leg, Kalibai's femur bone of left thigh and proximal phalanx of ring finger, Ratan's ulna bone of left forearm also fractured and he gave X- ray report Ex.P/39 to Ex.P/42. Present appellants Prakash, Shankar S/o Bhagirath and Phoolsingh were arrested and arrest memo (Ex.P/12, Ex.P/49 and Ex.P/51 respectively) were prepared. Soon after arrest they made their disclosure statements (Ex.P/16, Ex.P/62 and Ex.P/64 respectively). In consequence of the disclosure statements made by the appellants an axe from Prakash, one dhariya from Shankar and one sword from Phoolsingh were recovered from their possession and seizure memo Ex.P/20, Ex.P/74 and Ex.P/76 respectively were prepared. He also arrested other co-accused Sukhram, Bherulal, Mayaram, Heera, Ramkishan, Shriram, Shobharam, Bharat, Ramchandra S/o Hema, Babu, Ramratan, Nanji, Kailash, Ambaram, Ramchandra S/o Kashiram, Laxman, Mansingh, Leelabai and Bhagabai and prepared arrest memo and also seized stick, iron rod, dhariya and axe from their possession and prepared arrest memo, disclosure memo and seizure memo and he also sent all the seized articles for chemical examination to Forensic Science Laboratory, Rau through S.P., Dhar along with draft Ex.P/91 and after investigation charge-sheet was filed against the present appellants and other twenty co-accused before Judicial Magistrate First Class, Sardarpur, who then committed the case to the Court of Sessions Judge, Dhar where ST No.104/07 was registered. Learned A.S.J., Sardarpur, District Dhar framed charges against present appellants and other co-accused for the offence under Sections 148, 302/149, 307/149, 324 read with Section 149 of IPC and tried the case.