BHIKHARI ALIAS BHIKHAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE aforesaid appellants have preferred these three appeals under Section 374 (2) of the Code of Criminal Procedure, aggrieved by the impugned judgment of conviction and sentence dated 8. 3. 1999 passed by Fifth Additional Sessions Judge, Bhind in Sessions Trial No. 201/95, whereby all the five appellants have been found guilty for the offence punishable under Sections 148, 302 read with section 149 and section 307 read with section 149 of Indian Penal Code, and each of them have been sentenced to one year RI, imprisonment for life with a fine of Rs. 5000/- and seven years RI with a fine of Rs. 2000/-, respectively. In default of payment of fine, further ordered to suffer imprisonment for five years and two years respectively on each count. All the sentences are ordered to run concurrently.

(2.) AS the aforesaid three appeals have been preferred by the appellants/accused aggrieved by the same impugned judgment, hence, all these three appeals are being decided by this common judgment.

(3.) BRIEFLY stated the facts of the case are, on 11. 5. 1995 at village Soi there was marriage of the daughter of Gandhiram (PW14); Barat came from village airoli and stationed at the school building of the village concerned. In the night barat came to the house of Gandhiram (PW14) with the band for having the dinner. At that time, Baratis complained to Gandiram that the accused persons, whose houses are situated on the way to the house of witness Gandhiram, had abused the people of the Barat concerned At that time, it is alleged that complainant Gandhiram (PW14), Mihilal (deceased) and injured witness Vidyaram, brindavan and Virendra came to the house of the accused persons and asked as to why they had abused the Barat people. On hearing this complaint, all the accused persons namely Ravinder Singh, Visheshwar Singh, Sughar Singh, Vishwanath singh, Ramavtar Singh and Bhikhari @bhikham Singh, came there/they were armed with 12 bore gun and country made pistols and started abusing the complainant party and also fired on them. The accused Mihilal, due to which Mihilal sustained injury on the head and he fell down. When witness Vidyaram tried to push the deceased Mihilal, at that time it is further alleged that accused Bhikhari @ Bhikham Singh had again fired by his gun, due to which witness Vidyaram also sustained injury on the right leg near the knee joint, then again accusd Visheshwar Singh fired by his gun, due to which Vrindavan, second injured, sustained injury on his left thigh;. there after, accused Ramavtar Singh fired by his country made pistol, due to which deceased Mihilal sustained injury on his neck; accused Ravinder Singh also fired by country made pistol, due to which Mihilal sustained pellet injury near the left eye; Virendra had also caused injury by means of country made pistol, due to which witness Virendra sustained-pellet injury on his right leg; when complainant/injured virendra tried to save himself and accused Ravinder Singh tried to catch him then again accused Vishwanath fired by his country made pistol, due to which accused Ravinder Singh also sustained-some pellet injury. After causing the aforesaid injuries, the accused persons ran away from the spot. Witnesses Gyansingh, Roshan Singh, Mahavir, Janved and Devendra Singh assembled there and took all the injured in a tractor to the District hospital at Bhind. The information had been given to the Police Station Phoof from the District Hospital, Bhind with regard to the happening of the incident, then Station House Incharge R. K. Shakya, ASI of Police Station Phoof reached to the District Hospital, Bhind where the injured witness Vidyaram (PW1) lodged the First Information Report (Ex. P/1) as Dehati Nalishi report, on which basis a case had been registered and R. K. Shakya, ASI, started the investigation, issued memo for examination of the injured persons. As the condition of injured Mihilal found to be serious, hence after examination of the injuries the concerning doctor referred him for treatment to J. A. Hospital, Gwalior. When he was brought to gwalior for treatment the examining doctor declared him dead. On information the police prepared the inquest panchnama and issued a memo for post-mortem examination. Dr. V. K. Dewan (PW11) performed the post-mortem and proved the report (Ex. P/3 ). The Police Officer R. K. Shakya, ASI, reached on the spot, prepared the spot map (Ex. P/11), also seized empty cartridges, blood stained earth from the spot, recorded the statements of the prosecution witnesses; thereafter arrested the accused persons; also seized the weapons used in the commission of the offence and after due investigation the charge sheet had been filed.