PARVATSINGH Vs. MOHANLAL

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant/accused against the judgment and conviction dated 20th September, 2011, passed by First Additional Sessions Judge, Sihore (M.P.) in S.T. No.60/2002, whereby the appellant/accused has been convicted for commission of offences punishable under Section 302 of IPC in alternative Section 302/149 of IPC (two counts) and sentenced to undergo rigorous imprisonment for life and a fine of Rs.5,000/-, Section 324 of IPC in alternative Section 324/149 of IPC (two counts) and sentenced to undergo rigorous imprisonment for two years and fine of Rs.2000/- and Section 148 of IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/- with default stipulations.

(2.) The case of prosecution in brief is that the complainant Mohanlal and appellants are resident of village Siradi. Mohanlal had won the Sarpanch election against co-accused Parvat Singh. In this election deceased Suman Dubey and Kallu Nath had supported Mohanlal. Due to this Parvat Singh and appellants were keeping enmity with the deceased persons. On 18.11.2001 at around 7:30 pm in the night Mohanlal was returning home from the temple, when he reached near the house of Kallu Nath he heard the noise of quarrel. He came near Kolu Wali Gali (a narrow lane situated in front of house of Kallu Nath), he saw accused Parvat Singh armed with sword, Badri Prasad armed with sword. Dhanveer armed with farsi, Raghuveer armed with gupti, Rajpal armed with farsi, Mangilal armed with gupti, alongwith other 6 7 persons were assaulting Kallu Nath with their respective weapons. When his brother Rajendra Nath and mother Smt. Bhuriya Bai tried to intervene and save Kallu Nath, they were also beaten by the appellants and other accused persons. Rajendra Nath ran away from the spot to save himself. After killing Kallu Nath the appellants and other accused persons ran away. After seeing this incident Mohanlal came near his house, he was informed by Hari Narayan that the same appellants and accused persons had also assaulted and killed Suman Dubey and his dead body is lying in the house of Karan Singh. Mohanlal, Hari Narayan and Lalit arrived in the house of Karan Singh and found the dead body of Suman Dubey. He had sustained multiple injuries on his neck, chest and other parts of body. Mohanlal sent Hari Narayan and Ram Swaroop to Police Station to inform the police. When they were going to Police Station Doraha, they met with Assistant Sub Inspector K.S. Bhadoriya on the way and informed him about the incident. K.S, Bhadoriya came to village Siradi and recorded dehati Nalashi Ex.P/1 on the report of Mohanlal and initiated the inquest. The spot maps and panchanama of dead body of deceased Kallu Nath and Suman Dubey were prepared, the red earth and plain earth and country made pistol were seized from the spot and dead bodies were sent for postmortem. The injured Rajendra Nath and Smt. Bhuriya Bai were sent for medical examination.

(3.) As per prosecution during investigation Investigating Officer K.S. Solanki, arrested the appellants and recovered and seized a farsi at the instance of Badri Prasad, a hockey stick at the instance of Raj Pal, a farsi at the instance of Raghuveer, a sword at the instance of Dhanveer, a lathi at the instance of Mangilal. The cloths of deceased and appellants alongwith the weapons seized were sent to FSL for examination. The statement of witnesses were recorded. Co-accused Parvat Singh remained absconding during the investigation. After completion of investigation charge sheet has been filed against the co-accused persons Dhanveer, Rajpal, Raghuveer, Badri Prasad and Mangilal in the year 2004. The present appellant Parvat Singh remained absconded. Later on, he was arrested on 27.02.2009 and a supplementary charge-sheet has been filed against him.