GANGARAM & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 15/02/2008 passed by II Additional Sessions Judge (Fast Track), Ashta, District Sehore in ST.No.139/2007, whereby learned ASJ found the appellants guilty for the offence punishable under Sections 302 in alternate 302 read with Section 34, 323/34, 506-II of the IPC and sentenced them to undergo for life imprisonment with fine of Rs. 10,000/- each, R.I. for six months and R.I. for one year with default stipulation.

(2.) Brief facts of the case are that on 16/06/07 at 12:00 P.M. when deceased Bhagirath was at his house situated at Dharampur, appellant Gangaram armed with axe, appellant Bijendra Kumar & coaccused Manoj armed with stick (Manoj was juvenile, so charge-sheet against him was filed before the Juvenile Justice Board) came there and abused Bhagirath told him that the Beed farm was theirs and asked him not to go to the said farm. When Bhagirath stopped them from abusing, appellant Gangaram assaulted Bhagirath with intent to kill him by axe and appellant Bijendra and co-accused Manoj assaulted him by stick. When Bhagirath tried to escape from the spot, they stopped him and assaulted him again. When his wife Rajalbai (PW/1) came to rescue him, appellant Gangaram assaulted her too by stick, due to which she also sustained injury on his back. The incident was also seen by Devkaran (PW/2). In the incident Bhagirath sustained injuries on his head, both legs, hands and other body parts. Appellants also threatened to kill Bhagirath. Soon after the incident Bhagirath lodged the report (Ex.P/28) at Police Station Siddique Ganj, District Sehore, which was written by G.S. Sengar A.S.I. (PW/14) and on that report he registered Crime No.58/07 against present appellants Gangaram & Bijendra and co-accused Manoj for the offence punishable under Sections 294, 323, 307, 506, 341, 34 of the IPC and investigated the matter. During investigation he sent injured Bhagirath and Rajal Bai (PW/1) to PHC, Siddique Ganj, where Dr. N.L. Parmal (PW/11) examined them and gave MLC report (Ex.P/22 & P/23) respectively. G.S. Sengar (PW/14) also recorded the dying declaration (Ex.P/24) of Bhagirath at PHC, Siddique Ganj. Dr. N.L. Parmal (PW/11) after primary treatment referred Bhagirath for further treatment at Civil Hospital, Ashta, where Dr. Praveen Gupta (PW/13) treated him and after treatment referred him to District Hospital Sehore, but he died due to injuries sustained by him in the incident in Civil Hospital, Ashta before he would have been taken to Sehore for treatment. On that Dr. Praveen Gupta (PW/13) sent the information (Ex.P/17) regarding his death to P.S. Ashta. On receiving that information Head Constable Genda Lal (PW/9) wrote inquest report (Ex.P/19) at P.S. Ashta and send it to P.S. Siddique Ganj for original registration. Thereafter, A.S.I. Asharam went to PHC, Ashta, where he prepared enquest memo of dead body of deceased Bhagirath. On 17/06/2007 Dr. A.K. Jain (PW/10) conducted autopsy of the dead body of deceased Bhagirath and gave postmortem report (Ex.P/21). Police also added Section 302 of the IPC in the case and further investigation of the crime was conducted by S.N. Pandey (PW/12).

(3.) During investigation S.N. Pandey (PW/12) went to spot and prepared spot map (Ex.P/1) and also seized blood stained and simple soil from the spot and prepared seizure memo (Ex.P/14). He also recorded the case diary statements of Rajalbai (PW/1), Devkaran (PW/2), Balwant Singh (PW/3), Prakash (PW/5), Harkubai, Amar Singh and Dayaram. He also arrested the appellants Gangaram & Bijendra and prepared arrest memo (Ex.P/7 & Ex.P/8) respectively and seized one axe and one stick (Artica l-C & D) from the possession of Gangaram and Bijendra respectively on their information and prepared information memo (Ex.P/9 & Ex.P/10) and seizure memo (Ex.P/11 & Ex.P/12). He also seized blood stained shirt of Bijendra (Artical-E), which he wore at the time of incident and prepared seizure memo (Ex.P/12) and sent all seized articles alongwith the draft (Ex.P/27) through S.P. Sehore to Forensic Science Laboratory, Bhopal, from where report (Ex.P/28) was received to the effect that human blood was found on seized axe, stick and shirt (Article C to E). After investigation Police filed charge-sheet against the appellants before the learned JMFC, Sehore and against co-accused Manoj before Juvenile Justice Board as he was juvenile. Learned JMFC, Sehore committed the case to the Court of Sessions, where on that charge-sheet S.T.No.139/07 was registered. Learned A.S.J. framed the charge against the appellants for the offence punishable under Sections 302 in alternate 302/34, 323 read with Section 34 & 506-II of the IPC and tried the case.