RAKESH AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.2185/2007 is filed by convicts Rakesh and 6 others against the order of conviction and sentence dated 26-09-2007, passed by First Additional Sessions Judge,Chhatarpur in S.T.No. 170/2005 whereas the other Criminal Appeal No.2153/2007 is filed by Smt. Neeta Devi and another under Section 454 of the Code of Criminal Procedure for release of the offending vehicle. In Criminal Appeal No.2185/2007, the appellants have been convicted and sentenced as under :

(2.) The facts in short as unfolded by the prosecution are that on 26-04-2005, at about 12.30 P.M. deceased Lachhu, Rajaram and Babulal were going on motor-cycle, at that time appellant no.1 Rakesh driving the Marshal Jeep bearing Registration No.MP-16-D/0136 with intention to kill these persons, dashed the bike and due to that incident, all the three persons were thrown on the field. It is further alleged that appellant Rakesh with the help of vehicle crushed these persons by moving the vehicle forward and back. It is alleged that appellant Rakesh also stabbed deceased Lachhu with the help of knife and all persons got down from the vehicle and they had beaten the persons with kicks. On raising an alarm by Lachhu, Pyarelal, Bhagwat, Suresh and other persons reached at the spot and thereafter the accused persons fled away from the spot. At the spot itself two persons namely Rajaram and Babulal died.

(3.) The FIR was lodged by Laxmi Prasad alias Lachhu Patel immediately after the incident. During the course of treatment, he died therefore, his FIR has been treated as dying declaration. Copy of the FIR is exhibited as P-28.The marg intimation is said to have been registered at the same time at Police station Rajnagar, District Chhatarpur. The fact that the accused/appellants had crushed the deceased persons by driving the vehicle forward and back was not mentioned in the marg intimation. Both FIR and marg intimation bear thumb impression of deceased Lachhu.