ROHIT AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All three above mentioned appeals are filed against the common order of conviction and sentence dated 25-10-2005, passed by 4th Additional Sessions Judge Sagar, Camp Rehli in S.T.No.117/2002. There were total 12 accused persons, out of those, 2 were juvenile and they were tried by the Juvenile Court. The present appeals are filed by 10 accused persons in different 3 appeals. They have been convicted and sentenced as under : <FRM>JUDGEMENT_99_LAWS(MPH)7_2018_1.html</FRM> <FRM>JUDGEMENT_99_LAWS(MPH)7_2018_1.html</FRM> Out of 10 appellants, 2 were enlarged on bail (Appellant no.3 Amolrani and Appellant no.4 Raghuveer in ). Since all the appeals are arising out of the common order of conviction and sentence, they are being disposed of by the common order.

(2.) It is alleged by the prosecution that in village Marpani, there is 30 acres of land owned by Pt.Gopal Bhargava. In the year 1998-99, the said land was taken by accused Raghuveer Ghoshi for cultivation purposes. Prior to one month of the incident, the said piece of land was given to Ballu Patel by said Pt.Gopal Bhargava. Deceased Ballu Patel and his family was looking after cultivation of the said land and was also living alongwith his family on the said field. Thus, he was engaged by the land owner to look after the crops field and to save crops from animals. Because the said land was given to the deceased family from accused Raghuvir Ghoshi, therefore, they developed enmity with the deceased family. The incident is said to have taken place on 29-11-2001 at night when Ballu Patel alongwith his wife Gendarani, daughter Saraswati and son Gullai (PW-3) in the first hut and Videsh (PW-2) alongwith his 2 years old son Raghunath and wife Anitarani in the second hut and in third hut Pinto alias Devendra were sleeping, is alleged that about 14.00 hours in the night upon hearing barking of dogs, Videsh (PW-2) and Gullai(PW-3) got up and came out from their huts and they saw 12 people coming towards their huts. They witnessed the incident by hiding in the side of walls in the hutments. They saw that accused Rohit armed with 'Tabal', Chambal with 'Ballam', Roshan with 'Katarna', Raghuvir, Amar Singh and Ashok Rathi with 'lathis', accused Karan Singh with 'Farsa' and Sudama with 'Ballam'. It is further stated by them that accused Raju and Hari Singh were carrying lathis and accused Amolrani wife of Raghuvir Singh Ghoshi was having a torch. All these accused persons forcibly entered into all the 3 hutments and assaulted Ballu Patel and his family sleeping in the three hutments. These persons having been scared with the accused persons had run to the jungle.

(3.) In the morning, these two witnesses PW-2 Videsh and PW-3 Gullai returned to the hutments, they saw their parents and other family members lying smeared with blood. They went to the village and narrated the story to Ganpat (PW-4) and other relations. Thereafter the report was lodged to the police station, which was recorded in Dehatinalshi (Ex.P-2). Six family members including two years old child Raghunath were killed by these persons. The police started the investigation on the basis of Dehatinalshi Ex.P-2 registered at Police Station Garhakota, District Sagar by PW-21 B.S.Dubey. The same was sent to the police station vide Ex. P-70 to P-75 in respect of death of these persons. On the basis of that marg dehatinalshi, intimation was reduced in writing in Ex.P-69 and thereafter FIR was registered which is Ex.P-76. PW-21 B.S.Dubey, prepared the dead body panchnama and vide Ex. P-4, P-6, P-8, Ex.P10, Ex.P-12 and Ex.P-14, all the six dead bodies were sent for autopsy. The same was conducted by Dr. M,L,Chauda (PW-5) and the postmortem report of 6 persons is Ex.P-15 to Ex.P-20.He also prepared the crime seen map and seized the blood stained soil. The other seizures were also effected by him. On the basis of the disclosure statement, the weapon used in the commission of offence and garments of the accused persons were also seized. The seizure memo was filed as Ex.P-24, P-26, P-28 and P-30. The seizure of Ballam is Ex.P-38 and the seizures of lathis are Ex.. P-36, P-63, P-34, P-40 and P-42. The torch was seized vide Ex.P43. The accused persons were arrested vide Ex.P-49 to Ex.P-59. The Incharge of Seen of Crime Unit Vinod Shrivastava (PW-9) inspected the spot and the inspection report is Ex.P-61. The map was prepared by Patwari Kaluram Sen. The seized articles were sent for chemical examination and the report is Ex.P-1. Dr. M.L.Chauda(PW5) appeared as a witness and stated that on the dead body of deceased Gendarani, he found incised wound 8x2x3 cm. at the right palm and another injury was incised wound 12x3x3 cm. over the left side of shoulder. The cause of death was due to excessive bleeding and shock. He also found one contusion 12x7 cm. Present around the injury no.1. In respect of deceased Saraswati alias Boti, he stated that he found 5 incised wound injuries, over the right shoulder 10x4x2 cm. and 16x5x5 cm. Incised wound 12x2x4 cm. on back portion of the head and was injury on the brain. 4th incised wound was 3x2x1 cm. over the right shoulder and 5th injury was incised wound 5x2x1 cm on the right palm. The cause of her death was due to excessive bleeding and spinal shock. All the injuries were opined to be caused by shard edged weapons. In respect of deceased Ballu, he found 2 incised wound injuries on the shoulder 27x10x7 cm. and other one 5x1x1/2 cm. The cause of death was due to excessive bleeding and spinal shock. The injuries were caused by sharp and edged weapons. In respect of deceased Raghunath, fracture over the right portion of the head in temporal and occipital region was found. In respect of deceased Anita Rani, one stab wound 8x3 cm. inside on the chest was found and the cause of death was due to excessive bleeding and shock. In respect of 6th deceased Devendra, incised wound 18x5x8 cm over the right part of the shoulder caused by sharp and edged weapon was found. The cause of death was due to cut of spinal chord, excessive and spinal shock.