Decided on February 22,2018

Bhiliya Appellant


S.K.AWASTHI,J. - (1.) Instant criminal appeal is preferred to challenge the judgment dated 24/08/2005 passed in Sessions Trial No.199/1996 by First Additional Sessions Judge, Dewas, whereby appellant has been convicted for offence under Section 148, 449 and 302 read with Section 149 of IPC and sentenced to 1 year R.I., 4 years R.I., and life imprisonment, respectively, with fine of Rs.100/- for each offence with default stipulation.
(2.) The facts necessary to be stated for disposal of the instant appeal are that in the intervening night of 1 st and 2nd July, 1996, complainant Rukmanibai was sleeping with her family members, in her house situated at village Shanti Nagar, Dewas. At about 2.30 am, as many as 17 persons, armed with sticks, swords, axe and pipes, came and made assault on Shriram due to which he died on the spot. Thereafter they broke open the door of the house of Rukmanibai and made assault on Laxmichand by aforesaid weapons as a result he sustained injuries and succumbed on the spot. When Bebibai and Tulsibai tried to rescue Laxmichand, the accused persons also caused injuries to them. At the time of the incident accused Mirabai and Anarbai were also present on the spot and were extorting to kill the complainant party. Co-accused Nathu had a dispute with Shriram in relation to coal contract due to which the accused persons committed the assault.
(3.) Rukmanibai lodged F.I.R under Sections 148 , 449 and 302 read with Section 149 of IPC and 25, 27 of Arms Act , 1959 at Police Station-Industrial Area, Dewas on 2 nd July, 1996, at about 6.15 am. After receiving this information, S.H.O Police Station-Industrial Area, Dewas, reached the spot, recovered dead bodies of the deceased persons and 'lash panchnama' was prepared. The dead bodies were sent for postmortem and injured persons were sent for their medical examination. According to postmortem report, death of Shriram and Laxmichand were homicidal in nature and had occurred on account of fatal injuries. Spot map was prepared by the police, blood stained soil and simple soil were also collected from the spot and statement of the witnesses were recorded. Accused persons were arrested, memorandum under Section 27 of accused persons were recorded. Police seized various articles from the accused persons vide seizure memo Ex.P/23 to P/25 and all the recovered articles were sent for forensic examination.;

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