Decided on June 20,2018

Bhishan Appellant


S.K.AWASTHI,J. - (1.) The appellant has preferred the present appeal against the judgment dated 26/09/2007 passed by Additional Sessions Judge,Jobat, District-Jhabua in S.T. No. 140/2005, whereby the appellant has been convicted for the offence under Sections 395 and 396 in alternate 395/396 and Section 149 of IPC and sentenced to life imprisonment with fine of Rs. 500/- with default stipulation.
(2.) The prosecution's case, in short, is that on 09/12/2001, Ranaji Rewari had lodged an FIR by contending that 2 months ago due to scarcity of water in Rajasthan he alongwith Ramaji, Laxman S/o Motiji (deceased), Kewaji (deceased), Somaji, Bapu, Madhu and Laxman cameto the Ratlam and Jhabua (M.P.) for grazzing their 5000 sheeps. On 08/12/2002, they were stayed near the field of Nalka situated at Village Gram Badi Badkui. At about 12:00 p.m. to 3:00 a.m.,30 to 35 unknown assailants came there equipped with stones, gofun, guns and arrows and they assaulted them. They also fired by the guns,due to which Laxman S/o Motiji and Kewaji S/o Motiji sustained injuries and they have scummed on the spot. Bapu, Moti, Madhu, Laxman, Prabhu and Nathu and complainant himself got injured. The assailants have also robbed their 40 to 50 sheeps. On the basis of this report Police-Station - Bori,District-Jhabua registered an FIR bearing Crime No. 186/2001 for the offence under Sections 395 and 396 and in alternate 395/396 read with Section 149 of the IPC.
(3.) Shri Manoj Soni SHO Police-Station-Bori reached to the spot and he prepared spot map (Ex. P/19), he also recovered 3 empty cartriages of 12 bore guns and 10 arrows, as per recovery memo (Ex.P/4). Police collected blood stained and plain soil from the spot by seizure memo Ex. P/5 and P/6. He prepared Lash Panchnama of the deceased Laxman S/o Motiji and Kewaji S/o Motiji and sent their dead body for post-mortem. Police recorded the statements of witnesses and arrested the appellant/accused, vide arrest memo (Ex.P/10). Police recorded his memorandum under Section 27 of the Evidence Act and on the basis of it seized one iron falia, one skin of sheep. Other accused persons were also arrested and various articles were recovered on the instance of their disclosure informations. After completion of investigation, charge-sheet was filed before the court of Judicial Magistrate First Class, Jobat, who committed the case to the Court of Sessions, which is ultimately transferred to the Court of Additional Sessions Judge, Jobat, District - Jhabua.;

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