RAJESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.2596/2008 has been filed by appellant Rajesh on 11.10.2008 against the judgment dated 15.11.2008 passed in S.T. No. 169/2003 by the Additional Sessions Judge, Sohagpur, District Hoshangabad. Criminal Appeal No. 1674/2012 has been filed by appellant Kailash Singh on 6.8.2012 against the judgment dated 11.7.2012 passed in the same S.T. No. 169/2003 by the Additional Sessions Judge, Sohagpur, District Hoshangabad.

(2.) As per prosecution case, complainant Karan Singh Raghuwanshi S/o Harikishan, R/o Village Navalgaon, Police Station Sohagpur, District Hoshangabad was going on motorcycle on 12.9.2002 from Sohagpur market to Navalgaon with Rammurty and Prem Narayan. When they reached nearby Nahar Ki Puliya, Navalgaon Road at about 7:00 p.m. in the evening, accused Mohan Patel, Kailash Purviya and Rajesh restrained them. They were holding lathis in their hands. There was enmity between the parties upon the election because in the previous election Prem Narayan supported Ram Gopal and Mohan Patel supported Raju and Kamlesh. Due to aforesaid enmity Mohan, Kailash and Rajesh assaulted to complainant and his two colleagues. Rammurty ran away from there. The accused persons followed him but could not catch him. During this incident, the other colleagues of accused persons also reached there and participated in the crime. They also beat the complainant and Prem Narayan. When accused persons left the spot, Rammurty came back on motorcycle and they reached to the Police Station, Sohagpur where Karan Singh lodged the first information report No.235/2002 on 12.9.2002 at 19:30 p.m.

(3.) The police registered Crime No. 235/2002 under sections 308, 341 and 323/34 of I.P.C. and forwarded the injured persons for medical examination. Prem Narayan expired on 15.9.2002 at 9:50 a.m. in Hamidia Hospital, Bhopal. Therefore, offence under section 302 of I.P.C. also included. Police issued notice Ex. P-29 and prepared inquest panchnama Ex. P-30 and sent the body for postmortem vide Ex. P-31, prepared the spot map Ex. P-19 and recorded the statements of various witnesses, collected the medical reports Ex. P-11 and P-12 and postmortem report Ex. P-33 and summary report Ex. P-34. After investigation, police came to the conclusion that 8 accused persons committed the crime. Therefore, the police filed Challan No. 283/2002 under sections 147, 148, 308, 351, 323 and 302/149 of I.P.C. against 8 accused named Mohan Singh, Raja Patel, Rakesh Kumar, Supyar, Halke alias Kanhaiya, Kailash, Khemchand and Raju alias Raja. Because Raju alias Raja was absconded therefore, the challan was filed by showing him as "absconded accused". The Judicial Magistrate First Class, Sohagpur registered Criminal Case No. 288/2002 and committed the case to the Court of Sessions on 7.3.2002. Supplementary challan was also filed against the absconded accused Raja alias Raju and Judicial Magistrate First Class Sohagpur also committed the aforesaid case to the Court of Sessions on 9.5.2003.