JAGDISHCHANDRA AND ANR. Vs. STATE OF M.P.

JUDGEMENT

(1.) Appeal is directed against the judgment and order dated 21.3.91 of the 1st Addl. Sessions Judge, Shajapur passed in S.T. No. 145/80 whereby accused-appellants have been convicted U/s. 302/34 on two counts for having committed murder of Siddhanathpuri and Shankar Bharti and for offence punishable U/s. 307/34 Penal Code for having committed attempt to murder of Dhulji on the intervening night of 30.4.90 & 1.5.90 in village Jhandekheda; and sentenced to imprisonment for life on two counts (for murder of Siddha Nath Puri and Shankar Bharti) and imprisonment for seven years U/s. 307/34 IPC.

(2.) Prosecution story in brief is that PW 1 Dhulji R/o Khedawad had gone to reside with his uncle Shankar Bharti and has taken his cattle (buffaloes and cows) to that village. They were residing near a well. On the fateful night Dhulji, Shankar and Siddhanath were sleeping near the well of Siddhanath. Dhulji had awaken by hearing the sound of gun-shot and he saw two persons with underwear and Baniyan and pant and shirt causing injuries to Shankar Bharti and Siddhanath Puri. Dhulji tried to run away. He was also given one Farshi blow. It is alleged that Dhulji saw both assailants in the electric-light. Dhulji raised alarm and ran towards the village. Chowkidar Shavsingh, Makhansingh and Anandpuri came from village. Accused persons left the place of incident. All the persons who have assembled there, took Siddhanathpuri, Shankar Bharti and Dhulji to village Makhawada for taking them to Shajapur in a bullock-cart. Siddhanath Puri, Shankar Bharti died on way. Dhulji was taken to Civil Hospital Shajapur where he was admitted. Meanwhile Deepsingh Yadava-ex-M.L.A. gave a telephonic message to Police Station Shajapur. The same was recorded in Rojnamcha Sanha No. 2185. T.I. Shri R.C. Arya visited the hospital. Since Siddhanath and Shankar died, as such Marg No. 12/90 was registered. Shri Arya (PW 6) recorded the statement of Dhulji and registered offence vide Ex. P/12. As the incident has happened within the jurisdiction of Police Station Sundarsi, hence the report was sent to that Police Station where offence U/s. 302/34, 307 of Penal Code was registered vide Crime No. 27/90. Inquest reports of the body of Siddhanath Puri and Shankar Bharti were prepared and, thereafter request for post-mortem examinations was made. Police Officer seized stained and controlled earth from the spot on 1.5.90. One cot was also seized from the spot.

(3.) Accused Jagdish Puri was arrested on 6.5.90. He gave information about empty cartridges. The same was seized from the forest near river Kalisindh on 8.5.90. Accused Durgapuri was arrested on 10.5.90. He gave information about Farshi. The same was seized. Jagdish Puri also gave information about 12 Bore pistol. As such pistol with two cartridges were also seized. Jagdish Puri was put up for identification. Dhulji (PW 1) identified them. Identification memo was prepared. Similarly, Durga Puri was also put up for identification. He was also identified by Dhulji.