SAKHARAM ALIAS BAGAD Vs. STATE OF M.P.

JUDGEMENT

(1.) In this appeal filed under Section 374(2) of the Criminal Procedure Code, challenge is to the conviction and sentence recorded on 19.9.2003 by the First Additional Sessions Judge, Balaghat in Sessions Trial No.192/2002, whereby each of the original eight appellants has been convicted and sentenced under Section 302/149 (on four counts) of the IPC for life imprisonment with a fine of Rs.500/- on each count and under Section 148 of the IPC to undergo rigorous imprisonment for one year. All the jail sentences of each appellant have been directed to run concurrently and in default of above mentioned fine, each appellant is directed to undergo one year rigorous imprisonment additionally. According to written information received from Central Jail, Jabalpur, original appellant No.5 Shobhelal S/o Saradhya had died on 4.4.2015 during treatment in Medical College, Jabalpur undergoing his life imprisonment.

(2.) Prosecution's case in brief is that before 15.8.2002, present appellant No.1 Sakharam alias Bagad had killed a dog of the family of 12 years old complainant Sunil Kumar (P.W.6). On this issue, quarrel had occurred between brothers of the complainant and appellant No.1 Sakharam alias Bagad and his friends. On the date of incident 15.8.2002 at about 4-30 p.m., when about 12 years old complainant Sunil Kumar (P.W.6) was at his house in village Chhota Jagpura with his parents and brothers, then appellant No.1 Sakharam alias Bagad and appellant No.2 Sukhlal each having tangia, appellants Madhu and Bhaulal each having an iron rod, appellant Somaji armed with axe and other appellants Baton, Sobhelal and Shivlal each having a stick in his hand came before the house of complainant and after giving abuses called the complainant's brothers to come out and appellants were saying that today you will be disposed of. Thereafter, complainant's mother Chandrakala and brothers Surendra and Gajendra came out from their house to pacify the appellants, thereafter all appellants started beating of Chandrakala, Surendra and Gajendra with their arms. After hearing crying of injured, complainant's father Sukhlal came out from his house and after looking the beating of Chandrakala, Gajendra and Surendra on the spot started running towards the hill, then all appellants chased him and surrounded Sukhlal and gave heavy beating by iron rods, stick and other arms and the appellants killed above mentioned four members of complainant's family. Complainant Sunil Kumar had seen the incident when he was near a tree of mango, but after seeing the incident, he was much frightened and thus after running had entered into his house and got himself hidden in inner room of his house and after much time, he came out from the house, then saw that his mother, father and two brothers have died, but being frightened, he got hidden in the house. On next morning, when his sister-in-law Shakuntala (P.W.11 wife of deceased Surendra) met him, then complainant informed her about the incident.

(3.) The Sarpanch of Gram Jagpura, Jhankar Singh (P.W.10) and village Kotwar Devanand (P.W.7) after seeing dead bodies at 10.00 P.M. on spot informed at police station Bharveli in the mid-night that in above mentioned village, dead-bodies of Sukhlal, his wife and his two sons are lying in heavily injured conditions in front of their house and they suspected that unknown persons have committed the incident. Their information was registered at roznamcha sanha no.523 (Ex.P.47-A) on 16.8.2002 at 2-05 a.m. (mid-night). The relating S.H.O., Bharveli Ashish Singh Pawar (P.W.14) intimated the Police Superintendent about the incident and as the area being naxalites affected and due to heavy rain in the mid-night, on the next morning, the received information was confirmed. The S.H.O. of Police Station Bharveli Ashish Singh Pawar (P.W.14), thereafter reached with police force to the spot early in the morning on 16.8.2002. Four dead-bodies were lying in front of the house of the deceased persons. Within some time, small boy complainant Sunil Kumar and his sister-in-law (bhabhi) Shakuntala Bai came to him. Sunil Kumar intimated him about the incident, which was recorded by the A.S.H.O. in the form of dehati nalishi (Ex.P.36), which was sent to police station Bharveli for registration of crime. In presence of complainant, Ashish Singh (P.W.14) prepared a spot map (Ex.P.6) and took photographs of the scene of occurrence by government photographer and also got videography. The above mentioned investigator prepared different inquest memos (Ex.P-1 to Ex.P-4) separately in relation to each deceased. He also seized differently blood stained soil nearer to each dead-body and prepared seizure memos (Ex.P-9 to Ex.P-12) and by separate applications (Ex.P-48 to Ex.P-51), all the four dead-bodies were sent to District Hospital, Balaghat for post-mortem.