TEJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In all five persons were prosecuted and have since been convicted under Sections 148 and 302, Penal Code, for forming an unlawful assembly with common object to assault and for causing the death of Rambharos. This appeal was filed by all of them against that conviction. However, during the pendency of this appeal, accused Jagdish and Jai Narayan, both sons of Somaji died. There appeal thus abates.

(2.) In village Sontalai, Police Station Handiya, in Harda district, there exists long standing feud between members of Jat community on one hand and Vishnoi on the other. In the year 1961, one Jagannath Vishnoi was killed. Rambharos (the deceased) was an accused in that case. Since then, members of the two communities had always been hostile to each other. The incident which has given rise to this appeal is dated 16-8-1982. Two persons - Rambharos of the Jat Community and Sona on the Vishnoi community - were killed. The appellants have been convicted for causing death of Rambharos. The prosecution alleged that at about 11.00 a.m., while Rambharos followed by his nephew Rewaram (P.W. 4) was returning home from his field, he was engaged in talks by appellant Badri. This gave an opportunity to Sona and Jagdish (both dead) to pounce on Rambharos and assault him. When Rambharos, in a bid to escape, ran away a few paces, the other three accused, viz., Teja Jainarayan and Bhika, rushed at him from the opposite direction duly armed with deadly weapons like ballam etc. All of them mercilessly beat Rambharos. Rambharos received multiple injuries practically on all parts of his body and died instantaneously. Rewaram rushed to inform his father Harnarayan, both of them came to the spot and claimed to have witnessed the assault on Rambharos. The accused then ran away firing in air. Harnarayan then made a written report (Ex. P/1) to the police. This was scribed by Rewaram. Usual investigation followed. Appellants were taken into custody and axe, ballam and one knife found stuck at the back of the deceased, were seized and got examined at Forensic Science Laboratory. On a few of them only blood-stains were found but in absence of the report of Serologist the source could not be ascertained. Rambharos's dead body was subjected to post-mortem examination, which was performed by Dr. Jain (PW. 10). His post-mortem report is Ex. P/15. As many as 51 injuries were found. The death was opined to be homicidal.

(3.) The learned Additional Sessions Judge framed charges against the five accused persons under S.148 and also under S.302 Indian Penal Code. It is noteworthy that no charge under S.149 Indian Penal Code was framed. At the trial, besides Harnarayan and his son Rewaram, one Ramavtar if the adjoining village Bichola, within jurisdiction of the same police station Handiya, were examined as eye-witnesses. The trial Court rejected the testimony of Harnarayan as an eye-witness. He, however, accepted the version of Ramavtar and found it to be duly corroborated by the medical evidence. It rejected the plea of alibi raised by accused/appellants Badri and Bhikaji. Consequently, the appellants have been held guilty and convicted as aforesaid. Each of the has been sentenced to imprisonment for life for offence of murder and also for one years rigorous imprisonment for offence under S.148 Indian Penal Code. The sentences are to run concurrently.