RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) SINCE both the aforesaid appeals arise out of a common judgment, they are being decided and disposed of by this common judgment. Both these appeals have been directed by the appellants against their conviction and sentence passed by 18th Additional Sessions Judge (fast tract), Indore in Sessions Trial No. 329/06 on 24/04/08, thereby convicting the appellants under sections 302 read with 34 of the IPC and sentencing them to undergo imprisonment for life with fine of Rs. 5 000/-; in case of default of payment of fine, an additional rigorous imprisonment of six months.

(2.) BRIEF facts of the prosecution case as unfolded before the Trial Court are that on 22/06/06 in the evening at 6 pm. , complainant Mohd. Taj and his brother modh. Arif were collecting broken liquor bottles and other garbages in trenching ground of Nagar Nigam, Indore. At that moment, appellants reached there and objected taking of garbage, waste material and broken glasses. Deceased Arif told them that he was permitted by the officials; at that juncture, all the appellants bounced upon having knifes and caused him number of injuries resulting into an instantaneous death. Police of Khudel Police Station received information about this incident through wireless, on which PW-19 Inspector C. K. Bhamre reached on the spot and recorded Dehati Nalish vide Ex.-P/15 as narrated by eye witness pw-10 Mohd Taj, brother of the deceased. Shri Bhamre prepared inquest report vide Ex.-P/3 as well as spot map vide Ex.-P/11 and sent the dead body for postmortem examination, which was conducted by PW-15 Dr. N M. Unda, who gave postmortem report vide Ex.-P/24, The accused persons were arrested and on their disclosure statements as per section 27 of the Evidence Act, knifes were seized. Seized knifes were sent to Dr. Unda with questionnaires and Dr. Unda gave reply vide Ex.-P/26. From the spot, blood-stained and controlled earth were seized along with the clothes of the deceased and were sent to FSL for its examination and its report is Ex.-P/28, On due investigation, concerned police filed charge sheet against the appellants for commission of offence under section 302/34 of the IPC and under section 25 (1-B) (b) of the Arms Act.

(3.) ACCUSED persons / appellants abjured their guilt, therefore, put to trial. Appellant Ramesh examined defence witness Ritesh DW-1 to show that brother of deceased Mohd Taj demanded money for not giving statement in Court against ramesh and he lodged the report to this effect in the police station. Defence witness has also stated that Ramesh who committed the offence was another ramesh and not the present Ramesh, who was arrested and put for trial by the police. The prosecution has examined as many as 19 witnesses and adduced so many documents to prove its case. Learned Trial Court finding the appellants guilty, convicted and sentenced them as described herein above.