LACHHIRAM @ LAXMINARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal filed under Section 374 of the CrPC by the appellants is to the judgment dated 4.11.2004 passed by Fourth Additional Sessions Judge Bhind, in Sessions Trial No. 15/2003, whereby appellant No.1-Lachhiram @ Laxminarayan is convicted and sentenced under Sections 148 , 302 and 323 / 149 of the IPC and Section 27 of the Arms Act, to undergo two years RI, life imprisonment with fine of Rs.1000/-, six months RI and three years RI with fine of Rs.500/-, respectively with default stipulation; appellant No.2-Raju @ Rajesh is convicted and sentenced under Sections 148 , 302 / 149 and 323 / 149 of the IPC, to undergo two years RI, life imprisonment with fine of Rs.1000/-, six months RI, respectively with default stipulation; appellant No.3-Satish Kumar and appellant No.4- Smt. Ramabai are convicted under Sections 147 , 302 / 149 and 323 / 149 of the IPC, and each appellant is sentenced to undergo one year RI, life imprisonment with fine of Rs.1000/-, six months RI, respectively with default stipulation. The jail sentences of each appellant are directed to run concurrently.

(2.) It would be significant to mention here that by impugned judgment another tried accused Ramjilal was acquitted from the charge of Sections 29 and 30 of the Arms Act and Sections 147 , 148 , 302 / 149 , 323 / 149 of the IPC and though the trial Court had also framed charge against another co-accused Rinku @ Dharmendra S/o Lachhiram but during trial on 23.1.2003 it was ordered that he is a juvenile, hence later on he was tried before the Juvenile Justice Board.

(3.) Prosecution's case in nutshell is that on the date of incident, i.e., 28th June, 2002 at 21=30 hrs. in town Mehgaon, when complainant Subedar Singh (PW-3) was at his house, his nephew Indrapal Singh (PW-9) informed him that his father is being beaten by the appellants and Rinku. Complainant's brother Devendra was residing in the same lane. After running the complainant reached in front of the house of appellants, then he saw that the appellant Raju armed with an axe, appellant Satish and above mentioned Rinku, each having stick, were beating Devendra by their respective weapons and at that time appellant No.1-Lachhi Ram was having a topidar gun. When complainant tried to save his brother, appellants Raju, Satish and above mentioned Rinku assaulted the complainant and caused injuries to him. When Devendra tried to run towards Mou road, appellants Raju, Satish and their mother and Rinku exhorted after abusing that 'Devendra is escaping, shoot him by the bullet'. Thereafter, appellant No.1-Lachhiram fired a shot from his topidar gun, which caused pellet injuries on the back and buttock of Devendra, who fell down and he was immediately taken by a cart to Mehgaon hospital where the doctor declared him dead. The incident was witnessed by Indrapal, Sarnam and Sudamabai (Bhabhi of the complainant). On 25 th June, 2002 appellant Raju had beaten one Ramphal Tikkiwala, then Devendra had intervened and due to this reason, his brother Devendra was murdered by the appellants and Rinku. Leaving the dead body in the hospital complainant Subedar Singh reached police station Mehgaon. FIR (Ex.P/3) lodged by Subedar Singh was scribed by SHO K.D. Sonakiya, TI, who in the same night at 22.15 hrs reached spot but in next morning, at the instance of the complainant in presence of Panch witnesses, inspected the scene of occurrence and prepared spot map (Ex.P/4). After reaching at Mehgaon hospital, in presence of Panch witnesses after inspecting the dead body, prepared inquest memo (Ex.P/1) in the midnight and application for post- mortem was submitted and after recording the FIR, complainant Subedar Singh was sent for his medical examination.