RAMKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) These criminal appeals originate out of judgment dated 25th February, 2000 (State of M.P. Vs. Munna @ Omprakash & Ors.) and judgment dated 10.10.2006 (State of M.P. Vs. Ashok Kumar Sharma) in Sessions case No.14/87 respectively. There were nine accused persons arrayed as accused in this sessions trial of which Munna @ Omprakash son of Ramkumar, Ramsiya son of Vanshidhar Sharma and Jaynarayan son of Mihilal Sharma have been acquitted. Dilasaram son of Vanshidhar Sharma had died during trial, whereas Pappu @ Chandrashekhar son of Ramsiya Sharma, who was absconding, is also reported to be dead. Vide impugned judgments, appellant Ramkumar has been convicted under Section 302/34 and appellant Ashok Kumar Sharma has been convicted under Section 302 of IPC with life imprisonment and fine of Rs.5,000/-.

(2.) As per the prosecution story on 1.10.1985 at about 8 pm Gayatri Sharma (PW-1) was teaching her brothers Avdhesh and Mukesh i.e. PW-8 and PW-11 respectively in a room when her mother Leelawati and younger sister Seema were lying on a cot in the courtyard where electric bulb was glowing. Geeta younger sister of Gayatri was sitting with Gayatri. Accused Ramsiya, his son Chandrashekhar, Ramkumar, son of Ramkumar Munna, Mahesh, Ashok, Dilasaram, Jaynarayan and Ramswaroop, brotherin-law of Dilasaram trespassed in the house. Ramsiya, Mahesh, Dilasaram and Ashok were armed with guns and Ramkumar, Dilasaram, Chandrashekhar, Ramswaroop and Munna were saying that they should take their revenge and should finish the family of Agyaram in its entirety, upon which accused Mahesh fired a gunshot killing mother of Gyatri, namely Leelawati when accused Ashok fired another gunshot killing Geeta and Ramkumar fired a gunshot on Seema as a result of which she also died. Father of Gyatri was sitting in next door house and when he rushed back to his house after hearing noise of gunshot, then Dilasaram fired a gunshot to Agyaram as a result of which Agyaram died there itself. Gayatri alongwith her brothers Avdhesh and Mukesh lodged FIR (Ex.P/1) registering Crime No.258/85 under the provisions of Sections 302/147/148/149 of IPC at about 8.15 pm on the same date at police Station, Kotwali Bhind. This report was taken by Dinanath (PW-13), the then SHO of the police Station, and thereafter immediately investigation was started by sending force to the place of incident.

(3.) It is submitted that Criminal Appeal No.200/2000 filed by appellant- Mahesh has already been withdrawn vide order dated 01/10/2012 as he has completed his period of sentence.