VIPIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals under Section 374(2) of Cr.P.C. have been preferred by the appellants/accused persons namely Vipin, Saukilal, Kailash, Jassa, Rakesh and Ravi Shanker against the judgment and conviction dated 23.08.2006, passed by Second Additional Sessions Judge (Fast Track Court), Gadarwara, District Narsinghpur (M.P.) in S.T. No.199/2004, whereby the appellants/accused persons have been convicted for commission of offences punishable under Section 148 of IPC and sentenced to undergo rigorous imprisonment for one year and a fine of Rs.100/-, Section 302 / 149 of IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.100/-, Section 307 / 149 of IPC and sentenced to undergo rigorous imprisonment for eight years and fine of Rs.100/- with default stipulation. All sentence to be run concurrently.

(2.) The prosecution story in nutshell is that the deceased Mulayam Singh, his brother Vishal and the appellants are resident of village Naya Kheda. The appellants were suspecting on Mulayam Singh for practicing Guniyai (witch- craft) and they were keeping enmity with the deceased. On 29.04.2004 at about 8 O' clock in the night deceased Mulayam Singh was sleeping infront of his house and his wife complainant Ram Kali Bai and sister Sudha Bai were taking meal inside the house. Vishal the brother of deceased was returning home, from the field when he reached near the house of deceased, the appellant Jassa armed with axe, Vipin armed with sword, Saukilal armed with kharda (ballam), Kailash armed with axe, Rakesh and Ravi Shanker armed with lathi and other co-accused persons armed with lathi and various weapons came there and assaulted Vishal by giving blows of axe and lathi etc. Jassa inflicted a blow of axe on his head and caused fatal injury. Vishal fell unconscious. Thereafter, the appellants and other accused persons came infront of the house of deceased Mulayam Singh, they caught hold of him and dragged him in-front of house of the neighbour Brindawan and assaulted him by sword, axe, ballam, lathies and killed him. The incident was witnessed by Ram Kali Bai, Sudha Bai and neighbours. Receiving the information of incident M.K. Singhai (PW-13) Station House Officer, In-Charge, Police Station Chichali, visited village Naya Kheda and recorded dehati Nalashi (Ex.P/29) and Marg intimation (Ex.P/30) on the report of Ram Kali Bai and initiated the inquest. The spot map was prepared and plain earth, red earth and a sword were seized from the spot. The panchanama of dead body of deceased Ex.P/3 was prepared and body was sent for post mortem to Civil Hospital, Gadarwada. Injured Vishal Singh, was also sent for MLC and treatment. During investigation on 01.05.2004 appellants and other co-accused persons were arrested and at the instance of appellants Sukhram, Shauki Lal, Rakesh, Jassa, Munna Lal weapons axe, sword and lathi were seized. The statements of witnesses were recorded and seized properties were sent to FSL for examination and after completion of investigation charge-sheet has been filed before the Court against present appellants and 13 other accused persons.

(3.) The trial Court framed the charges of offence punishable under Sections 147 , 148 , 302 / 149 in alternative 307/149 of IPC against the appellants. They abjured guilt and pleaded innocence.