HAN RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In all six accused persons were put to trial under Sections 302. 149. 147 and 148 of the Indian Penal Code (Code for short) before Second Additional Sessions Judge, Shivpuri in S.T. No. 53/1986 (State of M.P. v. Shripati and others). Out of these. Hariram (A-1) and Bhujwal (A-2) were convicted on 22/12/1987 under Section 302 of the Code and sentenced to undergo life imprisonment while 4 others (i) Shripati Sb Meharban Singh (ii) Malam Singh Sb Meharban Singh (iii) Musahab Singh Sb Ghuman Singh and (iv) Kamal Singh S/0 Mangal Singh were acquitted by the Trial Court giving them benefit of doubt. The convicted appellants have filed this appeal.

(2.) As per prosecution on i8/12/1985 deceased Bhogiram had gone to Village Bel Babri Ration Fair Price Shop to take sugar with Son Singh (PW-4) and Santokh Singh (PW-5). Bhaiya Sahab (PW-3) had also accompanied him with Son Singh (PW4) and Santokh Singh (PW-5) on return. Hariram (A-1) with farsa. Bhujwal Singh (A-2) with an axe with other coaccused Musahab Singh. Kamal Singh, Malam Singh & Shripati who were armed with Axe. Farsa and Luhangi checked deceased Bhogiram in the way. Hariram (A-1) gave a farsa blow on the head of the deceased Bhogiram. Bhujwal Singh (A-2) gave a axe blow above his right ear. Co-accused Musahab Singh dealt with 3 or 4 blows of axe on left shoulder of deceased Bhogiram. Shripati hit him by Luhangi on his legs. Malam Singh wielded farsa, thereby nose of deceased Bhogiram was cut and left hand wrist was injured. Kamal Singh gave a blow of axe on left leg even after fall of deceased Bhogiram. Bhaiya Sahab (PW-3). Son Singh (PW-4) and Santokh Singh (PW-5) were frightened and ran away. Bhaiya Sahab (PW-3) who happens to be brother-in-law of the deceased Bhogiram rushed to Sirdar Singh (PW-2), the father of deceased Bhogiram and narrated the whole story. Sirdar Singh (PW-2) Bhaiya Sahab (PW-3) and Sauhbhag Singh (PW-6) went to the spot and carried away the deceased Bhogiram to Police Station Banmorekalan. How ever deceased Bhogiram succumbed to his injuries in the way. Sirdar Singh (PW-2) lodged F.I.R. Exhibit P-5 at Banmorekalan on i9/12/1985 at about 4:45 PM.

(3.) As per prosecution the case pertained to Police Station Khaniyadhana Police Banmorekalan sent F.I.R. Ex. P/S to P.S. Khaniyajhana, where exhibit P-9 was recorded. Sumler Singh Renwal (PWi2). S.O. Khaniyadhana proceeded to the spot and prepared spot map (Ex. P-5). He seized the plain and blood stained soil with a pair of shoes and hair of deceased Bhogiram. Police Banmorekalan prepared inquest memo (Ex. P-4) and sent the dead body of deceased Bhogiram for Post mortem examination of P.H.C. Khaniyadhana, where Dr. Girish Chand Shrivastava (PW14) noted down vide Ex. P-30 following 9 incised wounds: <FRM>JUDGEMENT_405_CRIMES3_2002Html1.htm</FRM> 2002 Page 4 of 8 Incised wound 12 x 2 x 8-1/2 cms with Starting from head of humerous of fracture of left scapula Blood vessels lower border of scapula (left) injured. All these injuries were, caused by sharp and cutting object. Injury No. 9 was fatal. All injuries were ante mortem. Cause of death was haemorrhage and shock. Death was homicidal and was caused within 18 to 26 hours of the examination.