KALLU AND ORS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 20.11.1998 passed by the Second Additional Sessions Judge, Shivpuri in S.T. No. 88/1995, whereby all of the appellants have been convicted of offence under section 302 read with section 34 (two count) of IPC and sentenced to life imprisonment with fine of Rs. 2,000/- on each count of charge. Default sentence in lieu of payment of fine was also prescribed. The prosecution's case, in short, is that the deceased Lokendra Singh was facing a trial before the Additional Sessions Judge, Dabra that he abducted wife of appellant No. 3 Preetam and committed rape upon her. On 13.2.1995 the deceased Lokendra along with the deceased Parmal Singh went to attend the Court of Additional Sessions Judge, Dabra and on that day, they stayed at Dabra in the night, thereafter on 14.2.1995 deceased Lokendra Singh, Parmal Singh along with the witness Parashram (P.W. 13) went to the house of Manju and appellant No. 3 Preetam to have a talk of compromise. They reached village Girwani at about 4 to 5 p.m. in the evening and they took dinner in the house of appellant No. 3 Preetam and stayed in the night. When they talked about the compromise then appellants No. 2, 3 and 4 have replied that compromise should be dependent upon appellant No. 1 Kallu @ Kammod and, therefore, appellant No. 4 Pappu @ Shivraj Singh was sent to village Amrol to bring the appellant No. 1 Kallu @ Kammod. On 15.2.1995 at about 10:00 a.m. in the morning deceased Lokendra Singh, Parmal Singh and witness Parashram (P.W. 13) were seated in a room in the house of appellant No. 3 Preetam then Preetam told about the arrival of the appellant Kallu @ Kammod and Shivraj. Thereafter, all of the accused persons had a talk in a separate room. Again at about 10:30 a.m., the appellants came inside the room and held Parashram (P.W. 13) and thereafter the accused persons held Lokendra Singh and Parmal Singh and tied their hands on their back and, thereafter they took them on the public way by beating them. Various villagers gathered at the spot thereafter the appellants Kallu and Preetam assaulted the deceased Lokendra Singh and Parmal Singh by axes, whereas Shivraj assaulted with a heavy wooden log and Ramjilal assaulted with a stick to the deceased Lokendra Singh and Parmal Singh. In the meantime, Ramjilal held witness Parashram. After beating when Lokendra Singh and Parmal Singh fell down on the ground, Kallu gave a blow of axe to the deceased Lokendra Singh causing injury on his jaw. The appellant Preetam gave a blow of axe on the head of Lokendra Singh as well as Parmal Singh. Lokendra Singh died at the spot whereas Parmal Singh dragged for a short distance and thereafter he died. Parashram (P.W. 13) thereafter had escaped and ran towards the forest. He was chased by the appellants but he could not be caught. Ultimately Parashram went to the Police Station Govardhan at about 2:10 p.m. and lodged the FIR Ex. P-20 before the SHO R.P. Mishra (P.W. 16). SHO R.P. Mishra visited the spot and took the dead bodies of the deceased Lokendra Singh and Parmal Singh for their postmortem and their bodies were sent for post-mortem. Dr. A.K. Morya (P.W. 1) performed the post-mortem on the bodies of the deceased Lokendra Singh and Parmal Singh and gave his report Ex. P-1 and Ex. P-2 respectively. Four injuries were found on the deceased Lokendra Singh. Out of them, two were incised wounds found on the mandible area, whereas one contusion was found below the left eyelid and one contusion was found on the parietal portion of the head. The deceased Lokendra Singh died due to various injuries caused to him. Dr. Morya gave a report Ex. P-2 relating to Parmal Singh. He found three contusions on him. Out of them, one contusion was on his head and the deceased Parmal Singh died due to head injury. Thereafter the appellants were arrested and various weapons were recovered from them. However, no forensic science laboratory's report was filed before the trial Court till the disposal of the case. After due investigation, the charge-sheet was filed before the JMFC, Pohari who committed the case to the Court of Sessions and ultimately it was transferred to the Second Additional Sessions Judge, Shivpuri.

(2.) The appellants abjured their guilt. They took a plea that they were falsely implicated in the matter due to enmity, however, no defence evidence was adduced.

(3.) Initially Shri Prabal Solanki, Advocate was engaged for all of the appellants but in the meantime when no one was appearing for the appellants, Shri R.P. Singh, Advocate was appointed from the side of High Court Legal Services Committee for the appellant No. 1 Kallu @ Kammod.