MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) - This is an appeal directed against judgment dated 8-3-1991 in Sessions Trial No. 98 of 1990 passed by learned Second Additional Sessions Judge, Tikamgarh whereby learned Sessions Judge has convicted accused/appellants under Section 302/34 IPC and sentenced them to life imprisonment and under Section 324/34 IPC for two years rigorous imprisonment each. Both the sentences are directed to run concurrently.

(2.) Brief facts giving rise to this appeal are that on 14-9-1990 in the morning at 8-9 a.m. in village Neemkhera Khirak, complainant Balaram was not in his house as he had gone to the field. A goat belonging to accused Das climbed over the roof of the house of Balaram (complainant) on that day and caused damage to its tiles. Smt. Prembai wife of Balaram protested against this to accused Das and Ganesh and the accused hurled abuses to her. In the evening of 14-9-1990 when Balaram came back to his house his father Chhakki informed him about the damage caused by the goat of accused Das to the tiles of the roof of the house. Balaram asked is father that he protested to Das or not. Thereupon Chhakki (Deceased) protested to accused Das, Parmu, Brajlal, Fosa, Ganesha and Munna who got annoyed and they came out of their house and from another direction, Balua, Asharam and Kamli came to beat Chhakki. It is alleged that accused Parmu. Brajlal and Asharam were armed with kulhadis and rest of the accused were armed with lathis. They all collected in front of the house of deceased, Chhakki under a neem tree and started beating Chakki. It is alleged that Ganesha caught hold of Chhakki from behind and accused Brajlal gave a Kulhadi blow from reverse side on his head and chest and rest of the accused persons started beating. When Balaram went to save his father Chhakki accused Asharam gave a Kulhadi blow to Balaram from the reverse side. Thereafter, Smt. Prembai, wife of Balaram and Smt. Gajiyabai, wife of Dharam also came out and saw the incident. On hearing this commotion. Hardas and Papai reached there with torch and lantern in their hands. Thereafter, Tijua, Natthu, Anandi, Bhallu Sen, Babu Khan and Dhansu Badai also came there and intervened in the matter. Deceased Chhakki received injuries and fell down on the ground. It is alleged that thereafter Balaram and Dhaniram left their father Chhaki in an injured condition and went away in order to save their own lives. Chhakki after receiving injuries fell down on the ground in. front of his house. He had received injuries on chest parietal region and other parts of the body. Hardas, Papai, Anandi, aabu Khan and Tijua lifted the deceased Chhakki and took him to his house. Chhakki died at 12 p.m. in the night on that day.

(3.) Balaram and Dhaniram both tried to contact, Police Station Mohangarh on telephone but they could not succeed. Therefore, at about 11-12, they reached to village Bandha where they informed about the incident to their relation Chandu and Khunni. Thereafter it started raining due to which they stopped over at village Bandha in the night. Next day i.e. on 15-9-1990 in the morning, Tijua and Bhallu Sen reached village Bandha to, inform about the death of Chhakki. There they met Balaram and Dhaniram, who were informed about the death of their father at about 12 in the night From Bandha, Balarain. Dhaniram alongwith Tijua and Bhallu Sen went to the Police Station Mohangarh arid lodged a report of the incident at 9.30 p.m. On this, an offence under Sections 147, 148. 149, 302 and, 323 I.P.C. was registered and thereafter Police reached at the scene of occurrence and found the dead body of Chhakki lying in his house. Police prepared necessary panchnama and also prepared site plan. A requisition for post mortem of deceased Chhakki was sent. It is alleged that the dead body of Chhakki was taken in the cart for Mehangarh but near Mohangarh. Pateria Nala was flowing very high. Therefore, they could not take the dead body of Chhakki kept in a cart near Pateria Nala. On 17-9-1990 in the morning, Yasin Khan was-informed that the dead body of deceased Chhakki could not be brought to Tikamgarh for post mortem. Hence Police brought the doctor for post-mortem of deceased Chhakki. By vehicle and then post mortem was done on the cart.