BAIJNATH AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellants against the judgment dated 19.5.2007 passed by the Special Judge, SC & ST (Prevention of Atrocities) Act, Rewa in Special Case No.30/2006 whereby each of the appellants have been convicted under Section 148 of IPC and sentenced to suffer RI for one year and fine of Rs.1000/-; under Section Section 302/149 of IPC RI for life and fine of Rs.1000/-; under Section 307/149 of IPC RI for 10 years and fine of Rs.1000/-; under Section 323/149 of IPC (on seven counts) six months RI under each count and fine of Rs.1000/-, under Section 452 of IPC rigorous imprisonment for one year and fine of Rs.500/-; under Section 427 of IPC six months RI and fine of Rs.500/-; under Section 506-B of IPC RI for one year and fine of Rs.500/-. In default of payment of fine of Rs.1000/-, the appellants have been directed to suffer simple imprisonment for six months and in default of Rs.500/-, the appellants have been directed to suffer simple imprisonment for three months. All the sentences are to run concurrently.

(2.) The facts of the case in brief are that on 16.3.2006, at around 8.30 in the morning at village Itwari Tola, Khatkhari, the accused persons, namely, appellant No.1 Baijnath, appellant No.2 Umesh @ Chotani, appellant No.3 Ghanshyam, appellant No.4 Awadhesh and appellant No.5 Ramsahodar armed with various weapons including gun, Farsa, Lathi etc. came to the house of deceased Buddhsen Saket and after breaking into the house, caused his death. In this incident, Radhiya, Jirraua, Ratan, Savitri, Asha, Devnarain, Gulabiya and Kiran were also assaulted and were caused injuries especially Jirraua, who received grievous injuries and her dying declaration was also recorded, but, fortunately she survived.

(3.) The case of the prosecution is that on the fateful day of 16.03.2006 when the appellants barged into the house of deceased Buddhsen Saket, his wife Radhiya tried to stop them but the appellants broke the door open and murdered her husband Buddhsen Saket. The FIR (Ex.P/1) was lodged by Radhiya (PW-1) herself at around 9 a.m. in the morning against as many as nine accused persons. Since other accused persons, namely, Nichani S/o Ramsahodar, Vishwanath S/o Ghanshyam, Raghurai S/o Kamla Prasad and Sanjay S/o Raghurai were absconding, hence the trial was conducted against the present appellants only.