MARUTI @ NAGO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) As per prosecution case, incident occurred at 10.30 o'clock in the night on 3.5.2008. The trial Court convicted all the accused persons under Sections 147, 148, 302/149 and 323/149 of the IPC. The main overt act is specifically alleged against appellant Dilip who caused fatal injuries whereas other appellants assaulted with lathis. Though recovery of Gupti at the instance of appellant Dilip and lathis at the instance of other appellants has not been proved by the seizure witnesses, but the fact remains that from the version of eye witness P.W.1 Tejwanti Bai, there were four accused persons and as per evidence of P.W.2 Rakesh, who is also eye witness to the incident, he named seven accused persons. Though there is delay in lodging the FIR, omnibus statement and exaggerations in the evidence of the eye witnesses before the Court as to identification of the accused persons in the absence of light in the place of incident but to some extent, the evidence of the eye witnesses is found to be credible and trustworthy and cannot be disbelieved in toto. [relied on (2018) 9 SCC 429 (Motiram Padu Joshi and others Vs. State of Maharashtra and (2009) SCC 454- Motilal and another Vs. State of Rajasthan]

(2.) The story of the prosecution, in brief, is that complainant Tejwanti Bai (P.W.1) lodged FIR (Ex.P.1) stating that she is resident of village Kolhawa and does the agriculture work. On the date of incident i.e. 3.5.2008 in the night at 10.00 o'clock, his cousin brother Santosh (deceased) and Rajesh Uike came to her house from village Manjhara and told her that appellant Dilip Lodhi resident of village Kolhawa used to make phone calls to his cousin sister Sahajwanti (P.W.4) frequently and therefore, they have come to make him understand. Thereafter, they went towards the house of appellant Dilip. At about 10.30 P.M., on hearing the shouts, she and her husband Rakesh (P.W.2) came out of the house and saw that her cousin brother Santosh Nagpure was being beaten by Dilip Lodhi, Rajaram Lodhi, Dinesh Lodhi, Nago Lodhi, Sukhwanti Bai, Janglal Uike Tota, Rangu Lodhi, Shishupal Lodhi, Rooplal Lodhi, Tamveshwar Lodhi by Gupti, lathis and fisticuffs. Her cousin brother Santosh was lying on the ground and shouting to save him. The accused persons were also beating Rajesh Gond. When Santosh stopped shouting, all the accused persons involved in the incident of Marpeet ran away from the spot. The deceased died on the spot. The complainant did not report the incident at night. On next morning i.e. 4.5.2008 at 7.15 a.m., the complainant lodged FIR Ex.P.1 at Police Station Bharveli, District Balaghat vide Crime No.44/2008. After investigation, the police filed a charge-sheet before the competent Court of law.

(3.) The trial Court framed charges under Sections 147, 148, 302/149 and 323/149 of the IPC against the appellants/accused persons. They abjured the guilt. The prosecution in all examined 12 prosecution witnesses. After trial, the learned trial Court has convicted and sentenced all the accused persons as mentioned above. Being aggrieved by the said order of conviction and sentence, the appellants have filed these appeals on the grounds mentioned in the memos of appeal.