LAWS(MPH)-2018-1-161

SAMLU Vs. STATE OF M.P.

Decided On January 29, 2018
SAMLU Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Appellants/accused persons have filed this appeal against the judgment dated 04.07.1998 passed by the Second Additional Sessions Judge, Mandla in Sessions Trial No.85/95 whereby the appellants were convicted under Section 302 read with Section 149 and Section 353 read with Section 148 of the Indian Penal Code and sentenced to life imprisonment with fine of Rs.100/- each.

(2.) Prosecution case in brief is that on 21.07.1993 the deceased Chandanlal (Forest Guard) with Vijendra Kumar, Abdul Hamid and others were patrolling in the Kanha Reserve Forest (Project Tiger). At about 7:00 p.m., they found 15 to 20 persons assembled there for hunting the animals. They had axes, traps, utensils and clothes. After seeing the patrolling party, the appellants fled away from the spot leaving the aforesaid articles. Chandanlal (since deceased) and his team members took articles left by the appellants at their Chowki. After sometime, the appellants about 15 to 20 persons attacked at the Chowki (sauf-naka). They assaulted Chandanlal by an axe and sticks. His team members Vijendra Kumar and Abdul Hamid (Forest Guards) climbed on the tree to save themselves. They saw, the appellants inflicting the injuries to Chandanlal. The appellants took their articles from the Chowki and fled away from the spot. Another Officer R.N. Awasthy (PW-6) brought Chandanlal to the Hospital, Mocha. Doctor declared him dead and conducted autopsy of his body. FIR was lodged by R.N. Awasthy (PW-6) against the appellants for the offences under Sections 353 , 147 , 148 and 302 read with 149 of I.P.C . After due investigation, charge- sheet was filed before the concerned Court.

(3.) After committal of the case, charges under Section 302 read with Section 149 and Section 353 read with Section 148 of the Indian Penal Code has been framed by the learned Trial Court against the appellants. Appellants abjured guilt and stated that they are innocent and falsely implicated by the police in this case.