CF0000061 935 J ) ‘ ’@ IN TEE HIGH COU T OF JUDICAIUHE : AT J£BALPUB. c MINAL APPEAL No.\’2>§w,_/1999. ' / ,&1. Ramnath son of hilaufem Ganda, (A-a} x’ aged 35/year, Udhoram‘son of Dhannulal Yadav, ' Ia—12) aged 40 years, Both Agriculturist, Residents 0f Village Murklh Police Station Mahasamund, District Raip ur (M?) . / / APPELLANTS (IN JAIL) ¢ 2‘ REspomggg T); Vs. State of Madhya Pradesh / Ctimmu APEHM umm Sh» nob: 374g). J 1 V ‘L‘ w: hm mm w GMMEAL PhcunDUrw. ‘11 7‘ x awn 4‘,” D.‘ 1/1! ‘ s / ( ‘Lz‘ XI-HC-78 WW,W,%W “mm a1 200 WW(W) WWW wmm WW§WW $Wm WWW gay Hon’ble Shri L.c. Bhad A ‘. C.J. 8. Hon’bleShri Sunil Kum Sinha, J. 2-2-200?:-> Snwt. Indira Tripathi, co el for appellant in CLA. No.1253/99. 9 Shri J.A. Lohani, counse for appellant No.1 in Cr. A. No.1398l9. Shri H.B. Agrawal. S . Advocate with Shri Pankaj Agrawal, Advocate for appellant No.2 in r.A. No.1398i99. Shri R.K. Jain, counself r appellant in CLA. No.1698/99. Shri Akhil Mishra, Panel awyer for the $tatelrespondent. Oral judgment dictated Dais. Per L.C. Bhadoo, Aq. C.J. Criminal Appeal No.1 8/99 tiled by Baldau, Criminal Appeal No.1253l99 med by lshwar, d Criminal Appeal No.1398/99 tiled by Ramnath & Udhoram are arisi g out of same incident and same judgment dated 26-4-99 in SIT. No.1 97 & Special Sessions Trial No.29i97, therefore, they are being di d of by this common judgment. The accused/appella have preferred these appeals under Section 374 (2) of the Cr.P.C. questioning legality and correctness of the judgment of conviction and ord r of sentence dated 26/4/99 passed by the Special. Judge, Raipur where y learned Special Judge convicted and sentenced accused/ appellants as under:- Name of the accused Conviction & Sentence U/s 302 IPC,. sentenced to undergo imprisonment for life. lshwar P.T.O. u s n 1 s e n ‘ gg munity, thereby intiicted simple injuries to 7-8 persons, in pursuance f common object assaulted Ramnath with Lathi with intention to cause h death, and committed his murder, thereby they committed offence under ections 147, 148, 149. 341, 294, 323, 336,» 427 and 302 of the l.P.C. The matter was rep by PW-1 Smt. Mati Bai on the same day at about 20.45 hours in the ni ht in the Police Station Mahasamund. On the report of PW-1 Smt. Mati ai offence under Sections 294 & 323 IPC was registered under Ex.-P/5._ The investigating Oflicer left for scene of occurrence. During the police ustody, Baldau gave memorandum Ex-P/2 P.T.O. village Murki, P.S. Mahasamun the accused persons arrned with weapor; formed unlawful assembly wit a object to use criminal force and cause violence and to commit misc ief, in pursuance of common object they attacked persons of Satnami i m o XI—HC-78 (2/ 3am,m,W Wm c¢c~ooooooo‘.oho0ho.‘ 200 Q1; mW<W> mam WW§WW WWW mmmm ' §aa1§mwr§m Ramnath Gada & Baldau U/s 302 & 323 IPC, each sentenced to undergo imprisonment for life & RJ. for 1 year. respectiveiy. Udho, Uls 302 & 323 IPC, & 3(1)(x) of the Scheduie‘d Castes and Scheduled Tribes (Prevention of Atrocities) Act. 1989. sentenced to undergo imprisonment for life, to undergo R.l. for 1 year & to undergo R.l. for 6 months, to pay a fine of Rs.5OOI-, in default of payment of nne to further undergo R.l. for 10 days, respectively. it was also ordered that all the sentences shall run concurrentiy. The case of the prosec 'on, in brief, is that on 11/1 1196 at 4 pm. in XI-HC—78 EW,WWI§S,W W 200 WW(W) XI—HC—78 mmm amméwm After completion of inve igation, charge sheet was filed against 16 accused persons including 4 mused/appellants in the Court of Judicial Magistrate. 1" Class, Mahasa und. who in turn committed the case to the Sessions Judge, Raipur from re iearned Special Judge received the case on hansfer for trial. Learned Special Judge in S.T. No. 140/97 framed the charges against accused persons n mely Baldau, Ramnath' Ganda, Samlu, Kanwar Ram Gond, Sonsai an Ramesh for commission of offence under Sections 147, 148, 323 and 30 of the l.P.C. whereas. in Special Sessions Trial No.29/97 framed the c arges against accused persons namely, Ishwar, Munna @ Punit hu, Parmanand, Tijuram, Bhakka @ Rambharos. Udhoram. Hira, Santram, Mehtaru and Bharat for commission of offence unde Sections 147, 148, 323, 302 IPC and Section 3 (1 )(x) of the Schedu d Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Ho ever, the accused persons abjured the charges. Prosecution in order to establish the charges against the accused persons examined 21 witness s. Statements of accused persons were recorded under Section 313 Cr.P.C. in which they denied material appearin against them in the prosecution evidence, stated that they are innocent and have been falsel implicated in the crime. Learned Special Judg after hearing arguments of counsel for respective parties convicted ccused persons namely lshwar, Baldau, Ramnath Ganda and Udho a aforementioned whereas, acquitted other accused persons. P.T.O. e a ammum,W mm .o.o.o.o... ’0‘. 200 4 a1 Wmwfawr) ' WW WW . wwwm ‘ égmm XI—HC-78 WW,WW,W o "~o~‘.oo.o...o....oo mmwawr) Warm WWW , WW§wW mmwm $a11i—‘cmm We have heard Ieamed :ounsel for the parties. Learned counsel for the aceused/appellans have not disputed homicida! death of Ramnath €iatnami. Moreover. from the evidence of eyewitnesses namely, PW-1 Smt. Mati Bai, PW-2 Ghasiram, PW-3 Mehatiar, PW-5 Smt. Hemkumari Bai, PW-6 Rameshwar, PW-7 Bhagwat, PW-8 Smt. Sundari Bai & mecical evidence of Dr. Arvind Neralwar (PW- 16) who has stated that he conducted postmortem 'on the body of Ramnath Satnami on 18-11-96, there were 11 injuries on various parts of 6 lacerakd wounds, 4 abrasions, radius the body, out of that there w bone of Ieft hand was fractur d, there was fracture of parieto temporal bone, clotted blood'was prese t in the brain, cause of death of Ramnath Satnami was cumulative effec of above injuries as a result of coma and death was homicidal in nature his report is Ex.-P/23, therefore, in view of the above ocular and medic evidence, it is established tha death of deceased Ramnath Satnami homicidal in nature. As far as involvement accused ishwar is concerned Smt Indira Tnpahtr learned counsel fort e accused/appellant argued that m respect of appellant lshwar only two Itnesses namely, PW-10 Smt Devbatl Bar (wrfe of deceased Ramnath) a d PW 11 Hrlday Ram (brother ofW Ramnath) have been examr by the prosecution rn order to establish the charges against him. But ey have improved their version before the Court as they had not stated in their statements i.e. Ex.-D/7 & Ex.-DI8 recorded under section 16 Cr.P.C. that accused lshwar attacked Ramnath Satnami wrth Lathl She also argued thatthe name of the P.T.O. e e , t s n \. k « XI-HC—78 EW,W,W Wm... ..o.o. t‘to.o ’om 200 WQEWW) XI-HC-78 ¥8/ mm;,m, W Wm ......... . 1H 200 @ XI-HC-78 mw,m,m . lam-mm a1 200 mun-(W) WWW WWW . 'Wwefwm there is no légal and clinchi g evidence regarding involvement of these accused/appellants in comm 'ng murder of Ramnath Satnami, as such eonviction of accused Ramn th Gada under Section 302 & 323 of the l.P.C. cannot be sustained, s also conviction of accused Udho under Section 302 & 323 of the LP. . & under Section 3 (1)(x), of the Scheduled Castes & Scheduled Tribes ( revention of Atrocities) Act, 1989 cannot be sustained. As far as involvement o this accused/appellant in crime in question is concerned, Shri R.K. Jain, learned counsel for the accused/appellant submitted that he is not disp ting involvement of the accused/appellant, but looking to the nature of inj ries, medical evidence as also prosecution evidence, the prosecution has not been able to establish that the accused assaulted Ramnath Satnami ith intention to cause his death, as such offence against the present ccused/appellant does not travel beyond Section 304 Part-ll of the l.P.C ‘ On the other hand, Shri Akhil Mishra, Panel Lawyer, supported the judgment of the trial Court. ‘ As far as involvement o the present accused/appellant in crime in question is concerned, PW-1 mt. Mati Bai, who lodged report Ex.-P/5 in ‘ the police station, has categor cally mentioned in the report that Baldau attacked Ramnath Satnami wit Lathi, as a result of which he sustained injuries. The above version o this witness stands corroborated by her Court evidence as also Co evidence of PW-2 Ghasiram, PW-3 RIO. > Mehattar, PW-5 Smt. Hemkum ri Bai, PW-6 Rameshwar, PW-7 Bhagwat, XI-HC—78 mw,m,m WW .oo.ooo..oo.‘. H? 200 WWW°W ") XI—HC—78 EW,W,W o .‘ ..ooo...¢ooooo..‘o.‘. WWW wmm WW§WW ‘ %3T%H3TI%¥T matmwéw of the IPC are set as ide and he is acquitted of the said charge. It is stated that acwfed lshwar is already on bail, therefore, his bail bonds are discharged, he need not surrenderii’zb the ciistody. (2) Udhoram is allowed accused Ramnath u d asides He is acqui Criminal Appeal No.1398/99 filed by accused Ramnath & Conviction and sentence imposed upon er Sections 302 & 323 of the IPC are set ed of the said charges. conviction and sentence imposed upon accused Udhoram under Sections 302 & 323 of the IPC Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) ’ \ Act, 1989, are set side, he is acquitted of the said charges. Accused Ramnath i already on bail, therefore, his bail bonds ‘ are discharged, he n ed'not surrende% the custody. Accused Udhoram be release forthwith unless required to be detained in any other case. Criminal Appeal No. 698/99 tiled by accused Baldau is partly allowed. Convictio and sentence imposed upon him under Instead thereof, he is convicted under Se io undergo R.l. for 10 e Section323 of the! C Baldau is in detentio since 26/1 1/96 thereby he has completed sentence, as such, e Sd/- to be detained in an other case. L.C,. BHADOO Judge (3) n 304 Part-ll of the IPC and sentenced to ars. His conviction and sentence under are maintained. It is stated that accused be set at liberty forthwith unless required WW(W) Section 302 of the PC are set aside. as also under Section 3 (1)(x) of the