RAMNARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of criminal Reference No. 2 of 1988. Appellant Ramnarayan, aggrieved by the judgment dated 14.8.1988 of his conviction in the Court of Second Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No. 28 of 1986, No. 29 of 1986 and No. 30 of 1986, has preferred this appeal. Criminal Reference No. 2 of 1988 has been made by the learned Sessions Judge to this Court under section 366 (1) of the Code of Criminal Procedure. As the Sessions Court has imposed the sentence of death, the proceedings have been submitted to this Court for confirmation. The appellant was charged under section 302 of the I.P.C. in Sessions Trial No. 28/86, and 30/86, while he was charged for having committed offence punishable under section 307 of the I.P.C. in Sessions Trial No. 29/86. As all the three offences were committed in the same transaction, the appellant was tried in all these cases together. He has been convicted under section 302 of the I.P.C. and has been sentenced to death. He has further been sentenced to ten years R.I. for having committed offence under section 307 of the I.P.C.

(2.) Appellant Ramnarayan Gond is of 28 years of age and was employed, at the time of alleged commission of the offence, as Constable in 30th Company of the S.A.F. and was posted at Uscor Camp Pamed, Bastar. This Company consisted of deceased Asstt, Sub Inspector Maniraj Singh Chouhan, deceased Constable Ramchandra, P.W. 8 Constable Suryapal Singh, P.W. 3 Head Constable Sarjuram, P.W. 4, Constable Lachhuram, P.W. 6 and P.W. 7 Soman Ram. Deceased Maniraj Singh was the Asstt. Sub-Inspector and deceased the Ram Chandra was a Constable and injured Suryapal Singh (P.W. 8) was also a Constable in that Company.

(3.) The incident is alleged to have taken place at or about 1.35 a.m. on 8.10.1985 in Chowki Pamed, Bastar. The motive for the crime is said to be that in the evening of 7.10.1985, there was exchange of hot words between the appellant and deceased Asstt. Sub-Inspector Maniraj Singh and during this exchange of words, deceased Asstt. Sub-Inspector slapped the appellant and deceased Constable Ramchandra is alleged to have intervened and admonished the appellant that he should not behave like a madman and should not mishehave with his superior officer. The prosecution story further proceeds that the appellant was allegedly man-handled and was later confined for some time. But as he was to carry out his duties as Sentry Guard from 12 to 2 in the night of 8.10.1985, he was given a rifle and fifty rounds of cartridges by preceding Guard Constable on duty, Suddhuram (P.W. 6).