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CRA No. 862/2011
Ramswaroop & Ors. Vs. The State of MP
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
DIVISION
BENCH:
BEFORE: G.S. AHLUWALIA
&
RAJEEV KUMAR SHRIVASTAVA, JJ.
CRIMINAL APPEAL NO. 862/2011
Ramswaroop & Others
Vs.
The State of Madhya Pradesh
Shri Ashok Kumar Jain, learned counsel for the appellants.
Shri C.P. Singh, learned counsel for the respondent/State.
Reserved on
:
28th April, 2022.
Whether approved for reporting
:
Yes/______
J U D G M E N T
(Passed on 09/05/2022)
Per
Rajeev Kumar Shrivastava, J.:
The present Criminal Appeal u/S 374 of CrPC has been
preferred by appellants Ramswaroop, Ramesh and Hemant,
assailing the impugned judgment of conviction and order of
sentence dated 28-09-2011 passed by Additional Sessions Judge,
Chachoda, Distt.Guna (MP) in Sessions Trial No.256/2008
whereby the appellants have been convicted u/S 302/34 of IPC
(two counts) and sentenced to undergo Life Imprisonment with
fine of Rs.1,000/- for commission of murder of Kallu and Shivlal
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CRA No. 862/2011
Ramswaroop & Ors. Vs. The State of MP
and u/S 323/34 of IPC (four counts) and sentenced to undergo six
months RI with default stipulations for causing injuries to four
injured persons. Both the sentenced were directed to be run
concurrently.
(2)
In a nutshell, the case of prosecution is that around 4– 6
months ago from the date of incident 10.06.2008, the Dynamo of
appellant No.1 Ramswaroop was stolen and on 10.06.2008, the
accused persons were arguing with Kallu (since deceased) and
others suspecting them for theft of Dynamo and for resolving the
dispute, Nathu Patel and Dheeraj Meena were called by accused
persons. During the incident, at around 12.00 noon, when Kallu
and Dheeraj were leaving the place then, all of a sudden, the
appellants, who were filling their trolley of manure, asked for
dynamo or Rs.40,000/- from the complainant party and
thereafter, appellant No.1 Ramswaroop inflicted axe blow upon
the head of Kallu with intention to kill him and appellant No.2
Ramesh inflicted lathi blow on the head of Kallu and when
Shivlal came to rescue him, then appellant No.3 Hemant inflicted
spade blow as a result whereof, blood started oozing and Karibai
(PW1) as well as complainant Mahendra Singh Meena (PW8)
along with Dheeraj (PW2) and Ishwar (PW4) were beaten when
they intervened the matter. On receiving information of the said
incident, the police reached spot and thereafter, injured along
with Shivlal & Kallu were brought to the hospital. Shivlal died
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CRA No. 862/2011
Ramswaroop & Ors. Vs. The State of MP
on the spot while Kallu died on the way while bringing him to
Kumbhraj Hospital. The dead body of both deceased thereafter
were sent for postmortem. Complainant Mahendra Singh Meena
(PW8) lodged a complaint Exhibit P8, on the basis of which FIR
at Crime No.160/2008 for offence under Sections 302, 307, 324,
323/34 of IPC was registered against accused persons. The
matter was investigated and after completion of investigation and
other formalities, the police filed a charge-sheet u/S 302/34 of
IPC (two counts) and u/S 323/34 of IPC (four counts) against
accused appellants
(3)
The accused persons were charged with aforesaid offence
which was abjured by them and claimed for trial. In their
defence, they pleaded that they have been falsely implicated and
on the alleged date of incident, they were not present at the place
of occurrence. Appellants have got examined Rambharose (DW-
1), Ramhet (DW-2) and Badrilal (DW-3) in their defence.
(4)
Prosecution, in order to prove its case, examined as many
as thirteen witnesses viz. PW1 Karibai, PW2 Dheeraj Singh,
PW3
