DHANNALAL ALIAS GABBAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is arising out of the Judgment dated 19.8.2015 passed by the XVI Additional Sessions Judge, Bhopal in Sessions Trial No.673/2013, whereby the appellant has been convicted for offence punishable under Section 302 of the IPC for commission of murder of deceased Deepak and sentenced to imprisonment for life and fine of Rs.500/-; in default of payment of fine, additional rigorous imprisonment for six months. The appellant has also been convicted for offence punishable under Section 326 of the IPC and sentenced to R.I. for 3 years and fine of Rs.500/-; in default of payment of fine, additional rigorous imprisonment for six months. The appellant has further been convicted under Section 324 of the IPC (on two counts) and sentenced to R.I. for 6 months and fine of Rs.200/- each; in default of payment of fine, additional rigorous imprisonment for two months. All the sentences were ordered to run concurrently. However, the trial Court has acquitted the appellant for the offences under Sections 148, 307/149, 323/149 of the IPC and section 25 (1B)(b) of the Arms Act.

(2.) The story of the prosecution, in brief, is that complainant party and the accused party were residents of the same locality. On 3.5.2013 at around 11.00 p.m. in the night, complainant Sonam (P.W.1) was collecting water from the water tank along with her sister Rajkumari (P.W.2) and aunt Shakun Panthi (P.W.3) in Harijan Basti, Teela Jamalpura, Bhopal. At that time, co-accused persons Thakur Prasad, Anil, Dinesh and Shakun came there and quarrelled with the complainant party by pulling hair of Shakun on the issue of collecting water first. Then, appellant Dhannalal alias Gabbar along with co-accused Devi Prasad, Thansingh, Kamal, Prem and Kamla Bai formed unlawful assembly and assaulted the complainant party with common intention to kill them. When deceased Deepak, brother of the complainant, came to save the complainant party, appellant/accused Gabbar alias Dhannalal assaulted him with a knife and caused injuries on his stomach. Co- accused Thakur Prasad assaulted Jagdish with a knife, on account of which, he sustained two injuries on his back. The appellant Dhannalal also caused injuries to Shakun on her stomach and complainant Sonam on her waist with a knife. In this incident, co-accused Thansingh assaulted Rajkumari, sister of complainant by throwing Farsa, another sister of complainant namely Shivani was assaulted by co-accused person Kamla with a small wooden bat and pulling their hair. Co-accused persons Kamla, Kamal, Dinesh, Devi Prasad and Prem also assaulted the complainant party with legs and fists. On the date of incident, Deepak, Shakun and Jagdish were taken to Hamidia Hospital. During treatment, deceased Deepak succumbed to the injuries.

(3.) After completing the investigation, charge-sheet was filed before the competent Court of law against in all ten accused persons. The trial Court framed charges under Sections 148, 302/149, 307/149, 324/149, 323/149 of the IPC and also under Section 25(1B)(b) of the Arms Act against the accused persons. In all 25 prosecution witnesses were examined. After trial, the trial Court convicted and sentenced appellant Dhannalal alias Gabbar as stated above. Co-accused Thakur Panthi alias Dharmendra, Devi Prasad alias Bablu and Kamla Bai were convicted under Sections 324, 324/34 and 323 of the IPC and they have already served out the sentenced as imposed by the trial Court. It is noted that other co-accused persons Anil Panthi, Kamal Panthi, Thansingh, Prem Panthi, Dinesh Panthi and Shakun Panthi have been acquitted by the trial Court of the charges levelled against them.