JAGDISH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment dated 19/09/2007 passed by I Additional Session Judge, Hoshangabad in ST.No.191/2006, whereby learned ASJ found the appellant guilty for the offences punishable under Section 302 , 324 of the IPC and sentenced him to life imprisonment with fine of Rs.500/- and R.I. for three years with fine of Rs.500/- respectively, with default stipulation.

(2.) Brief facts of the case are that on 10/06/2005 at 11:00 AM appellant Jagdish abused Ramdas and slapped him and also threatened to kill him. For lodging the report of that incident, Ramdas (PW/2) went to Police Station Seoni Malwa along with Meghraj (PW/3) and Ramu (PW/5). On that at 1:30 PM appellant Jagdish armed with spear (ballam) and other co-accused Anil armed with sword, Sunil armed with farsa (halberd), Hariprasad, Somwati & Suman armed with stick came to Ramphal Hriyale's house, where deceased Guldar was sitting and abused him. When Guldar stopped him they assaulted Guldar with the weapons which they carried with them, due to which he sustained injury in his stomach and fell down and died on the spot. When Fandulal (PW/4) tried to rescue him, Jagdish assaulted him by spear, due to which Fandulal (PW/4) also sustained injury in his left hip. At the time of incident Ramraj (PW/2), Meghraj (PW/3), Ramu (PW/5), Suresh (PW/9), Parwatibai, and Sushilabai also came there and saw the incident. After the incident present appellant and other co-accused persons ran away from the spot.

(3.) On the information Head Constable Rajeshwari Mishra went to spot, where Ramdas (PW/2) narrated the incident to him, on which he wrote the FIR (Dehati Nalisi) (Ex.P/4) and sent it for original registration through Constable Shankarlal to Police Station Seoni Malwa. On that report Crime No.224/05 (Ex.P/21) was registered by A.S.I. Trilokinath Kushwaha (PW/10) against the present appellant Jagdish and co-accused persons namely Anil Mehtar, Sunil Mehtar, Hari Mehtar, Somwati and Suman Mehtar for the offence punishable under Section 147 , 148 , 149 , 294 , 324 , 302 of the IPC and investigated the matter. During investigation A.S.I. RP. Choudhary (PW/6) went to spot and prepared spot map (Ex.P/5) and also seized simple and blood stained soil from the spot and prepared seizure memo (Ex.P/9). He also prepared inquest report (Ex.P/10) of dead body of Guldar in presence of panch witnesses and sent it for autopsy to PHC Seoni, where Dr. Pratibha Jeevne (PW/1) conducted the postmortem of the dead body of deceased Guldar and gave report (Ex.P/3) and also seized blood stained clothes from the dead body of deceased Guldar and handed over the same to the concerning constable in a sealed packet. Dr. Pratibha Jeevne (PW/1) also examined injured Fandulal and gave report (Ex.P/1). RP. Choudhary (PW/6) also recorded the statements of Ramraj Hariyale (PW/2), Meghraj Hariyale (PW/3), Fandulal (PW/4), Ramu Hariyale (PW/5) Suresh Kumar (PW/9), Sushilabai and Parwatibai and arrested co- accused Somwatibai, Sumanbai and Hariprasad and prepared arrest memo (Ex.P/11 to 13). Further investigation was carried out by Inspector Arun Yogi (PW/8), who during the investigation on 04/04/06 arrested the present appellant Jagdish and prepared arrest memo (Ex.P/14) and on the information of appellant seized one ballam and prepared information memo (Ex.P/16) and seizure memo (Ex.P/17). He also sent all the seized articles for chemical analysis alongwith draft (Ex.P/18), from where report (Ex.P/19) was received. After investigation Police filed charge-sheet against the present appellant Jagdish and other co-accused persons namely Anil Mehtar, Sunil Mehtar, Hari Mehtar, Somwati and Suman Mehtar before the learned JMFC, Hoshangabad. Because co-accused Anil Mehtar and Sunil Mehtar did not found, so police filed charge sheet against them in their absence. Learned JMFC declared them absconder and committed the case for remaining accused persons to the Court of Sessions. On that S.T.No.191/2006 was registered. Learned First Additional Session Judge, Hoshangabad framed charges against the appellant for the offence punishable under Section 148 , 294 , 324 , 302 and in alternate 302/149 of the IPC and framed charges against co-accused Hariprasad, Somwati and Suman for the offence punishable under Section 147 , 294 , 324 / 149 , 302 and in alternate 302/149 of the IPC . The appellant and other co-accused persons abjured their guilt and took the defence that they are innocent and have falsely been implicated in the case and also produced Santosh Yadav (DW/1) and Subhash (DW/2) in his defence, who stated that at the time of incident deceased Guldar assaulted co-accused Hariprasad by ballam, due to which Hariprasad sustained injury in his leg, hand and head. However, after the trial learned trial Court acquitted the co- accused persons namely Hariprasad, Somwati and Suman from all the charges and also acquitted the appellant Jagdish for the offence punishable under Sections 294 , 148 of the IPC but found him guilty for murdering Guldar and voluntarily causing injury to Fandulal for the offence punishable under Section 302 , 324 of the IPC and sentenced him as aforesaid. Being aggrieved by the impugned judgment appellant has filed this appeal.