SHIV MANGAL AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant/accused namely Shiv Mangal Ahirwar, against the judgment and conviction dated 20.04.2010, passed by Special Judge (S.C./S.T.) Chhatarpur in S.T. No.172/2006, whereby the appellant/accused has been convicted for commission of offences punishable under Section 302 / 149 (three counts) of IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.1000/-, Section 325 / 149 of IPC and sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/-, Section 148 of IPC and sentenced to undergo rigorous imprisonment for one year, with default stipulations.

(2.) The prosecution story in nutshell is that deceased Dileep and Babbu were real brothers. Deceased Rambabu was the son of Babbu. The deceased and appellant and other co-accused persons are resident of village Khaira Kasar. There was previous enmity between appellant and deceased persons on account of property dispute. On 15.03.2006 at about 5 O'clock in the evening, deceased Babbu, Dileep and Rambabu and Bhola were sitting in front of their house. The villagers were celebrating Holi festival. Accused Manoj came there and sat with Babbu and Dileep. After sometime, Guddi Bai, the sister of Manoj, came there and asked Manoj why he is sitting with the enemies. Manoj told her that he had come to apply Gulal (Abir) to Babbu and Dileep on occasion of Holi. Thereafter, Guddi returned home and again came back with accused persons Bharosa, Rajesh, Balesha, Pappu and Shivmangal. An oral altercation took place between Bhola and accused persons then they returned home with Manoj. At around 7 O'clock in the evening, Bhola, Rambabu, Babbu and Dileep were sitting in front of their house, meanwhile, accused persons Chingu, Bahiyadeen, Rajesh, Manoj, Bharosa, Valesha, Ballu and appellant Shivmangal armed with weapons like axe, ballam, lathi and gun arrived there. Chingu fired a gun shot in the air and thereafter, appellant and other accused persons started beating Babbu, Dileep, Rambabu and Bhola. Seeing the incident, Guddi Bai, Kallu Bai, Rani Bai and Shanti Bai tried to intervene and save the deceased persons then Guddi Bai and Shanti Bai were beaten by appellant and other accused persons. Babbu, Dileep, and Rambabu sustained fatal injuries and they died on the spot. After beating them, the appellant and other accused persons ran away. An intimation of the incident was received at Police Station Jujhar Nagar, Roop Singh Chouhan Sub Inspector and SHO, visited village Khaira Kasar and on report of Bhola recorded Dehati Nalsi Ex.P-1 and Marg Intimation Exs.P-29, P-30 and P-31. The inquest was initiated and Panchnama of dead body of Babbu, Dileep and Rambabu were prepared and dead bodies were sent for postmortem to Community Health Center, Laundi. The police registered the FIR and during investigation, spot map Ex.P-18 was prepared. Injured Bhola was sent for medical examination to Community Health Centre, Laundi, where Executive Magistrate recorded his dying declaration. The co-accused persons Chingu, Bahiyadeen, Rajesh, Manoj, Bharosa, Valesha were arrested and a ballam was seized at the instance of Chingu @ Sohanlal, a pharsa was seized at the instance of Bhaiyadeen, lathies were seized at the instance of Rajesh and Manoj, a pharsa was seized at the instance of Babbu Ahirwar, a axe was seized at the instance of Bharosa, a ballam was seized at the instance of Balesha. On 04.04.2006, the Investigating Officer seized a country made pistol of 315 bore with two live cartridges from appellant Balesha. The seized articles were sent for examination to FSL. The statements of witnesses were recorded and after completion of investigation, the charge-sheet has been filed against the co-accused presons Chingu, Bahiyadeen, Rajesh, Manoj, Bharosa, Valesha before the Court. A trial S.T. No. 172/2006 State Vs. Chingu and others was conducted before special Judge and they have been convicted and sentenced under alleged offences vide judgment dated 10.10.2008. The present appellant Shivmangal remained absconded at the time of filing of charge-sheet. Later on he was arrested and on 03.01.2008 a Pharsa was recovered and seized on the basis of his memorandum statement. Thereafter, the police filed supplementary challan against the present appellant.

(3.) The trial Court framed the charges of offence under Sections 148 , 302 in alternative 302/149 (three counts), Section 307 in alternative 307/149, 323 in alternative 323/149 IPC against present appellant. The appellants abjured guilt and pleaded innocence.