CHINGU @ SOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. have been preferred by the appellants/accused persons namely Chingu @ Sohanlal, Bhaiyadeen, Rajesh, Manoj @ Lala, Bharosa, and Valesha @ Bhawanideen against the judgment and conviction dated 10.10.2008, passed by Special Judge (S.C./S.T.) Chhatarpur (M.P) in S.T. No.172/2006, whereby the appellants/accused persons have been convicted for commission of offences punishable under Section 302 / 149 of IPC (three counts) and sentenced to undergo rigorous imprisonment for life and a fine of Rs.1000/- each, Section 325 / 149 of IPC and sentenced to undergo rigorous imprisonment for two years and a fine of Rs.500/-, Section 148 of IPC and sentenced to undergo rigorous imprisonment for one year, with default stipulations.

(2.) The prosecution story in nutshell is that deceased Dileep and Babbu were real brothers. Deceased Rambabu was the son of Babbu. The deceased and appellants are resident of village Khaira Kasar. There was previous enmity between appellants and deceased persons on account of property dispute. On 15.03.2006 at about 5 O'clock in the evening, deceased Babbu, Dileep and Rambabu and Bhola were sitting in front of their house. The villagers were celebrating Holi festival. Appellant Manoj came there and sat with Babbu and Dileep. After sometime, Guddi Bai, the sister of Manoj, came there and asked Manoj why he is sitting with the enemies. Manoj told her that he had come to apply Gulal (Abir) to Babbu and Dileep on occasion of Holi. Thereafter, Guddi returned home and again came back with appellant Bharosa, Rajesh, Balesha, Pappu and Shivmangal. An oral altercation took place between Bhola and appellants then appellants returned home with Manoj. At around 7 O'clock in the evening, Bhola, Rambabu, Babbu and Dileep were sitting in front of their house, meanwhile, appellants Chingu, Bahiyadeen, Rajesh, Manoj, Bharosa, Valesha, Ballu and Shivmangal armed with weapons like axe, ballam, lathi and gun arrived there. Chingu fired a gun shot in the air and thereafter, appellants and other accused persons started beating Babbu, Dileep, Rambabu and Bhola. Seeing the incident, Guddi Bai, Kallu Bai, Rani Bai and Shanti Bai tried to intervene and save the deceased persons then Guddi Bai and Shanti Bai were beaten by appellants. Babbu, Dileep, and Rambabu sustained fatal injuries and they died on the spot. After beating them, the appellants ran away. An intimation of the incident was received at Police Station Jujhar Nagar, Roop Singh Chouhan Sub Inspector and SHO, visited village Khaira Kasar and on report of Bhola recorded Dehati Nalsi Ex.P-14 and Marg Intimation Exs.P-23, P-24 and P-25. The inquest was initiated and Panchnama of dead body of Babbu, Dileep and Rambabu were prepared and dead bodies were sent for postmortem to Community Health Center, Laundi. The police registered the FIR and during investigation, spot map Ex.P-40 was prepared. Injured Bhola was sent for medical examination to Community Health Centre, Laundi where Executive Magistrate recorded his dying declaration. The appellants were arrested and a ballam was seized at the instance of Chingu @ Sohanlal, a pharsa was seized at the instance of Bhaiyadeen, lathies were seized at the instance of Rajesh and Manoj, a pharsa was seized at the instance of Babbu Ahirwar, a axe was seized at the instance of Bharosa, a ballam was seized at the instance of Balesha. On 04.04.2006, the Investigating Officer seized a country made pistol of 315 bore with two live cartridges from appellant Balesha. The seized articles were sent for examination to FSL. The statements of witnesses were recorded and after completion of investigation, the charge-sheet has been filed before the Court. The co-accused Shivmangal remained absconded at the time of filing of charge-sheet.

(3.) The trial Court framed the charges of offence under Sections 148 , 302 in alternative 302/149 (three counts), Section 307 in alternative 307/149, 323 in alternative 323/149 IPC against appellants. Appellant Balesha was additionally charged with offence under Section 25 (1-b)(a) read with Section 27 of Arms Act. The appellants abjured guilt and pleaded innocence.