RAM SEWAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants challenge their conviction for offence punishable under S. 302/34, I. P. C. in S. T. No. 67/82 vide judgment dated 24-2-86 of Addl. Sessions Judge, Shahdol. The trial Court has found that these accused, in pursuance of their common intention, committed murder of Vipin Shrivastava on 22-6-82 at about 9 p.m. in village Chachai in the area of P. S. Amlai Distt. Shahdol.

(2.) Apart from these appellants there was a fourth accused Ramashraya on whom the charge was of instigating the other accused to commit this murder. He has been acquitted of that charge.

(3.) The prosecution case was that the deceased and the accused were employees of M. P. E. B. at Chachai. The deceased was an activist of I. N. T. U. C. union and the accused were members of Janta Union. Both unions were formed by the employees of the M. P. E. B. The background of this murder was that Vipin agitated in a legal manner against the management on behalf of I. N. T. U. C. union for certain demands of the employees and also organised strike. He succeeded in getting certain demands accepted by the management. On this issue the other union i.e. Janta Union was feeling let down in its popularity. There developed an atmosphere of tension between the 2 unions on this count. In this atmosphere on the night of the incident deceased Vipin, Budhesan (P. W. 14) Badriprasad (P W 15) were present in the area of Chachai market to take tea. They were present near a shop known as Mewa Sweet Mart and were talking to one another. At that moment the appellants reached there and Sharda collared Vipin and others dragged him to the ground. Then all these accused attacked with knives on his chest and abdomen. The fourth accused (acquitted) was allegedly instigating them. These accused escaped after so assaulting the deceased. Witnesses Budhsen, Badri, Naresh and S. P. Shrivastava took Vipin to the M. P. E. B. hospital but within some moments he breathed his last. P. W. 14 Budhsen lodged the F. I. R. Ex. P. 11 at police post Chachai at 9.30 p.m. on 22-6-82 itself which was marked to P. S. Amlai and on that basis formal F. I. R. was recorded at P. S. Amlal on 23-6-82 at 9 a.m. The inquest (Panchnama) Ex. P-3 A was prepared by Police in the presence of the witnesses and the body was sent to autopsy surgeon for post mortem examination at primary Health Centre Dhanpuri. P. W. 1 Dr. Patel conducted the autopsy and found the following injuries :- i. One stabbed wound over posterior auxiliary fold left side, thorax - stabbed wounds two over pericardium, two over right chest wall and these wounds were leading to puncture of thoracic cavity and Effusion of blood into thoracic cavity, over the pericardium, two stabbed wounds were present, and over the heart two stabbed wounds over left ventricle of the heart, one on the anterior surface and one on the interior surface of the left ventricle 1/2" proximal to apex. Rest of the organs were normal. ii. Multiple stabbed wounds eleptical in shape 1/2" size over the body, two over the pericardium, two over right chest wall, one in the first intercoastal space in the mid clavicular line and second in the 2nd intercoastal space 1/2" right lateral to mid-line. Over the pericardium one in the fifth intercoastal space in the left side, two inches lateral to mid line, two wounds in the third intercoastal space 2" above and medial to nipple, one in the area of sternal notch, one in the posterior auxiliary fold at lateral end of spine of scapula, one stabbed wound over the left iliac fossa. Out of all, one wound of the fifth intercoastal space over the pericardium had punctured to chest wall and produced stabbed wound at apex of the heart leading to two stabbed wounds on the left ventricle of the heart, one anterior surface and one on interior surface leading to effusion of blood and the whole thoracic cavity was filled with blood. The stabbed wound over the left iliac fossa had punctured to abdominal wall, but there was no injury to intestine. Depth of the wound 2" from the chest wall and half an inch over the abdominal wall. The injuries were found sufficient in the ordinary course of nature to cause death and were caused within 24 hours of the autopsy. The doctor found the following cuts on the shirt and baniyan of the injured : Cuts due to stab injury four in number against pericardium 2" size one at the level of left iliac fossa similarly, as were found over the body and in addition one cut was present just medial to sleeve of the shirt left side of the hand. Shape of the cuts over the baniyan were linear, and over the shirt L-shaped, three buttons of shirt were broken and separated from the shirt. Ex. P. 1 is the Doctor's report, written and signed by him. It bears the doctor's signature A to A.