DAYARAM AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the three cases are arising out of the same incident and therefore, they are being disposed of by this common order. In Criminal Appeal No.539/2004 filed by Dayaram and three others, a challenge has been made to the order of conviction and sentence dated 27.02.2004 passed by Special Judge, Teekamgarh in S.T. No.23/2001. Criminal Appeal No.833/2010 is filed by Rajaram Yadav challenging the order of conviction and sentence dated 28.04.2010 passed by First Addl. Sessions Judge, Teekamgarh in Sup. S.T. No.23/01. He was tried separately, therefore, he has filed separate appeal. Criminal Revision No.780/2004 is filed by Rajkumar Yadav who is the brother of the deceased against the order of acquittal of accused Shriram. The accused persons in Criminal Appeal No.539/2004 have been convicted and sentenced as under:-

(2.) The prosecution case is that on 23.09.2000 at about 06:00 pm, the appellants assaulted the deceased Raghuveer with the weapons like lohangi (a sharp edged weapon), axe and lathi and due to the injuries caused by the appellants, the deceased died. The criminal case was set in motion on the report lodged by one Mathura Prasad Yadav in Police Station Kotwali, District Teekamgarh (Ex.P.-24). It was informed that on 23.09.2000 at about 06:00 pm, when he was returning alongwith the deceased Raghuveer Yadav after purchasing Bidi from the shop of Ramswaroop Rai, on the way, he found that the plinth work of the house of Ramcharan Raikwar was being carried out and they both stood there and saw that Ramcharan Dheemar and his wife were talking. At that time, accused Dayaram Yadav, Rajaram Yadav, and Raghuveer son of Dayaram Yadav armed with lohangi and accused person Mahendra Yadav was armed with axe, accused Abbu @ Ramcharan armed with lathi came at the spot and accused Rajaram Yadav had struck on the head of the deceased Raghuveer with lohangi and thereafter, accused Dayaram, Raghuveer, Abbu and Mahendra also caused injuries to the deceased with the help of axe, lathi, ballam etc. The injuries were caused to the head and on both legs. The blood was oozing out from his body. When Babu Raikwar and his wife tried to save the deceased, they were also beaten by them, therefore, they were terrorized. It is further informed by him that on his shouting, other persons also came at the spot and accused persons fled away from the spot. Jagdish Yadav was also caused injury by them when he also made an attempt to save the deceased. The report was registered by Thana Incharge Shri K.R. Sijoriya PW-16. Report was made verbally which was reduced in writing by Ex.P.-14 which bears the signatures of the informant Mathura. Investigating Officer immediately reached at the spot and Raghuveer was sent for medical treatment to the Rajendra Hospital, Teekamgarh but later he received the intimation about his death and the said intimation was registered as Ex.P.-26. Thereafter, he prepared dead body panchnama vide Ex.P.-14 and the dead body was sent for postmortem. He also seized blood stained soil vide Ex.P.-24 and recorded the statement of complainant Mathura Prasad, witnesses Jagdish, Bhagwan Das, Ramcharan, Anita etc. The cloths of the deceased were seized. After recording statement of the witnesses, accused Dayaram and Ramcharan were arrested vide Ex.P.-20.

(3.) On the disclosure statement of accused Dayaram, the weapon lohangi was seized vide Ex.P.-16 and the seizure memo is Ex.P.-19. Lathi was seized on the discovery statement of accused Ramcharan vide Ex.P.-18. On 22.11.2000, on the discovery statement of accused Raghuveer Yadav, weapon lohangi was seized vide Ex.P.- 5. On the statement of accused Mahendra, the axe was seized vide Ex.P.-4. The seized articles were sent for FSL. The challan was filed against five persons. The accused Rajaram Yadav was absconding, he was arrested in the year 2010 and thereafter, he was tried separately.