BHAGIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE ten appellants have preferred this appeal against the judgment dated 3-12-94 passed by the learned Second Addl. Sessions Judge, Dhar in Sessions Trial No. 381/93, thereby convicting them under Sections 148, 302 and 307 of the Indian Penal Code and sentencing them each to suffer R. I. for three years, imprisonment for life with fine Rs. 500/-, in default of payment of fine to suffer additional S. I. for three months and R. I. for ten years with fine of Rs. 500/- and in default of payment of fine to suffer additional S. I. for three months respectively. The substantive jail sentences have been directed to run concurrently.

(2.) BRIEF facts of the prosecution case as unfolded before the Trial Court were that on 1-7-2003, the complainant Shankar (P. W. 1) was residing at Village Satsagania Gujri. His parents Pandu and Fulkibai had returned from Indore after doing labour work and stayed at Gujri. When he (the complainant) reached his house, his father informed that the appellant Bhagiya had some talks with him about the lands of grand-mother Manglibai. After their night-meals, the complainant, his mother and father were sitting outside their house. At that juncture at about 9. 00 P. M. Kailash s/o Bhagiya armed with bow and arrow, Mohan armed with axe, Bhagiya armed with Falia, Nathiya armed with sword, Bajria, Tendya and Gendiya armed with lathis came there alongwith 2/3 other persons and began to assault his father Pandu. When his father tried to escape and run-away, his uncle Bholiya caught hold of Pandu and all of them assaulted him by means of axe, arrow-shot and lathis as a result of which, Pandu died then and there. Mohan also assaulted his mother Fulkibai (P. W. 2) by arrow-shot at her abdomen, blade of which remained embaded in her stomach. She was also assaulted by lathis. The grand-mother of complainant Manglibai (P. W. 3) was assaulted by accused Bhagiya by means of Falia at her neck and hip. The incident has also been witnessed by Molya, Rama, Sukhram, Nathiya and Rugnath.

(3.) THE matter was reported at the Police Station by Shankar (P. W. 1) vide Ex. P-1. During investigation Panchnama of dead-body was prepared and spot map (Ex. P-2) was drawn. From the spot, bow and arrow were seized vide Ex. P-21. Other weapons were also recovered and seized at the instance of the respective accused persons vide Exs. P-20, P-22 and P-23. Dead-body of Pandu was sent to the hospital for post-mortem examination. Autopsy on the dead body was conducted by Dr. Shankar Patidar (P. W. 8) and the post-mortem report is Ex. P-4. Shankar (P. W. 1), Fulkibai (P. W. 2) and Manglibai (P. W. 3) were medically examined and their injury reports are respectively Ex. P-15, P-16 and P-17. After due investigation, the accused persons were charge-sheeted. They denied the charges and pleaded that they have been falsely implicated on account of ill-will. They were, therefore, put to trial. To prove its case, the prosecution has examined as many as 11 witnesses whereas the accused persons did not examine any witness in their defence. After trial, the learned Trial Court, finding the accused persons guilty of the offences charged, convicted and sentenced them as indicated above.