RAM NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 29.6.1999 passed by the Additional Sessions Judge, Manendragarh, District Koriya in Sessions Trial No. 134/1996 convicting the appellants under Sections 148 and 302 read with Section 149 of the IPC and sentencing them to undergo rigorous imprisonment for one year and RI for life and pay a fine of Rs. 500/- each with default stipulation.

(2.) In the present case, name of the deceased is Jot Singh @ Baba. As per the prosecution case, deceased Jot Singh was friend of PW-3 Krishna Singh who had borrowed Rs.1000/- from accused Ram Narayan. It is said that the said Ram Narayan went to the house of Krishna Singh for return of Rs.1,000/- and for which he threatened Krishna Singh and his father PW-2 Manbodh. It is alleged that on 11.3.1994 at about 2.30 PM, the present appellants and eight other accused persons came to the house of PW-3 Krishna Singh and caused injury to PW-2 Manbodh, father of Krishna Singh, PW-4 Ghansi Ram, PW-6 Inder Deo Singh. Deceased Jot Singh somehow escaped, however he was chased by the accused persons and thereafter he was done to death by them by causing several injuries by axe, club and Farsa. Dehatinalishi (Ex.P/10) was lodged on 11.3.1994 at 4.30 pm by injured PW-2 Manbodh naming all the accused persons except accused Indaj. Immediately, thereafter merg intimation Ex.P/11 was recorded and at 10.10 PM First Information Report (Ex.P/1) was registered against the accused persons. Inquest on the dead body of the deceased was prepared vide Ex.P/4 on 12.3.1994 and body was sent for postmortem examination which was conducted on 12.3.1994 vide Ex.P/17 by PW-13 Dr. Pradeep Kumar Rohni. He noticed multiple injuries on the body of the deceased i.e. one abrasion each present over both upper arms; abrasion of size 2 cm x 2 - 1/2 cm on the lower back side; abrasion of size 3 cm x 2 cm over both sides of back scapular and sub scapular region; a large gaping incised wound over upper neck of size 12 cm x 8 cm x bone deep; extending from right mastoid regions to left angle of mandible above through cartridge. Clotted and dried blood was present; scratch marks seen on middle cervical vertebrae anterior surface etc; all the abrasions are ante-mortem and caused by hard and rough object. He opined that the cause of death was due to shock as a result of massive haemorrhage externally from neck wound and the death was homicidal in nature. After investigation, the Charge-sheet was filed against three accused persons namely Indaj, Sunder Urao and Ram Narayan @ Raju showing rest of the accused persons as absconders. After the committal, accused Bharat was also arrested on 16.1.1998 and he has been tried separately, whereas accused Balram after his arrest has been tried in present sessions trial along with other accused persons. While framing the charge, the trial Judge framed the charges against five accused persons under Sections 147, 148, 302/149, 323/149 and 324/149 of IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined 16 witnesses in all. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication.