Ballu vs State of Madhya Pradesh

Appellant has filed this appeal against the judgment of conviction dated 31/08/2007 passed in Sessions Trial No.57/06. The trial Court held the

appellant guilty for commission of offence punishable under Sections 302 of Indian Penal Code (IPC) and awarded sentence of RI life alongwith

fine of Rs.1,000/- with default stipulation RI six months.

Prosecution story in brief is that deceased (Ramu) was watching the game of kabaddi. Number of boys were playing the game including the

brother of the deceased. At around 12 O''clock in the night, appellant came there. He had an axe with him. He inflicted 4-5 blows of axe on the

neck and other parts of the body of the deceased. Brother of the deceased namely Rama objected about the aforesaid act. The appellant also

threatened him. Deceased died on the spot. Brother of the deceased-Rama informed the incident to his another brother Jhamu. Thereafter,

information was given to the Police. Merg intimation was registered, which is Ex.P11. Police registered FIR and conducted investigation. After

investigation, charge-sheet was filed. The appellant abjured the guilt and pleaded innocence. The trial Court held the appellant guilty for

commission of offence and awarded punishment as mentioned above in the judgment.

Learned Amicus Curiae for the appellant has submitted that the appellant is innocent. He has not committed murder of the deceased.

Prosecution witnesses have turned hostile. The trial Court committed an error in holding the appellant guilty for commission of offence of murder

and awarded severe punishment.

Learned Government Advocate appearing on behalf of the State has submitted that there is sufficient evidence on record against the appellant.

The trial Court rightly held the appellant guilty and awarded a proper sentence.

Prosecutions witnesses i.e. PW-1 Deva, PW-2 Basur and PW-3 Pintu turned hostile.

PW-6 Rama, who is the brother of the deceased, deposed that on the date of incident, at around 12 O''clock in the night, six boys i.e. myself,

Deviram, Deenu, Devilal, Basu and Pintu were playing kabaddi. Deceased, who was my brother, was standing at the side and watching kabaddi.

Appellant came from the backside of the deceased, he had an axe with him. He inflicted 2-4 blows of axe on my brother (deceased). He fell

down. I told the appellant not to inflict injury to the deceased, he also threatened me. I cried. Thereafter, the appellant ran away from the spot. I

informed my brother Jhamu. My brother went to the house of the Kotwar and informed him about the incident. My brother Jhamu and the Kotwar

went to Police Station Bordehi to intimate the police. On the next date, police reached on the spot.

PW-7 Jhamu is another brother of the deceased. He deposed that at around 12 O''clock, I was at my field. Rama came to me and informed

that the appellant had killed the deceased. Rama was playing kabaddi at the place of incident, at that time. Thereafter, I went on the spot and

noticed that dead body of the deceased was lying on the earth. There were number of injuries. I informed the police. Merg intimation was

registered, which is Ex.P11. I lodged the FIR Ex.P12 and signed the same. The police prepared panchnama of the dead body and also prepared

the spot map Ex.P13. I signed the same.

PW-8 Lalita @ Lallo, who is the sister of the deceased, deposed that I was also watching kabaddi. The appellant came from the backside of

the deceased and he had an axe with him and he had inflicted number of blows (near about 5 blows) on the person of the deceased. I informed the

incident to my mother and my brother informed the incident to my another brother-Jhamu.

PW-9 Millo Bai deposed that my son Rama told me that the appellant had killed the deceased.

PW-10 Devlal is also an eye witness. He deposed that I alongwith other children were playing kabaddi. Ramu was watching the game. Lalita

Bai was also there. At that time, the appellant came there. He had an axe with him. He had inflicted blows of axe on the person of the body of the

deceased.

PW-11 Vasant is the witness of seizure of axe. He turned hostile.

PW-13 Dr. N.K. Rohit performed postmortem on the body of the deceased. He deposed that I noticed following injuries on the person of the

body of the deceased:

Contusion emprofuse swelling over left side of face including left eye. External and internal structure of left eye damaged. Nasal maxileam and

frontal bone # and clotted blood found over face and neck.

Parietal amputating of left forearm above wrist joint, skin, muscles and bone (both radius and ulna) cut.

Profuse swelling over left shoulder and clavicle # (left side).

Three deep incised wounds (parallel) over the left side of neck from mandible to clanck and up to the cervical vertebra oblique to medially and

directed inwards - (a) 4x2x4 inch, (b) 4x2x3 inch and (c) 3x2x3 inch muscle and all blood vessels cut.

Two deep incised wounds (parallel) skin, muscles and blood vessel cut - (a) 3x2x3 inch and (b) 2x1x2 inch oblique to medially and direction

inwards up to the cervical vertebra. There incised wounds were over right side of the neck.

He further deposed that the injuries No. 1 to 3 were caused by hard and blunt object and rest were caused by sharp edged weapon. The injuries

could be caused by an axe, which was seized from the appellant.

PW-12 N.R. Pawar (Investigating Officer) deposed that on 20.01.2006, I was posted as ASI at Police Station Bordehi. On the aforesaid

date, Jhamu Gond lodged a report, which is Ex.P12 and I signed the same. I reached on the spot and prepared panchayatnama of the dead body

and also prepared spot map of the place, which Ex.P13 and signed the same. I seized plain earth and red earth from the spot vide seizure memo

Ex.P10 and signed the same. I recorded statements of the witnesses i.e. Jhamu, Rama, Lalita Bai, Millo Bai, Kunwarlal, Devlal, Basur, Deviram,

Pintu, Deenu and Gareeba. Appellant was arrested on 23.1.2006 vide seizure memo Ex.P8 and on his memorandum Ex.P6, on instructions, an

axe and some cloths were seized vide seizure memo Ex.P7. I signed the same. Seized articles were sent to FSL.

PW-6 Rama and PW-10 Devlal are the eye witnesses. PW- 6 Rama is the brother of the deceased and PW-10 Devlal is the independent

witness. Related witness can be relied on if he inspires confidence of the Court. The trail Court has relied on the evidence of the aforesaid

witnesses. These witnesses are natural witnesses. Their presence has been established by the prosecution on the spot. Both were playing kabaddi.

They specifically deposed that they had seen that the appellant had inflicted blows by axe on the person of the body of the deceased. From the

possession of the appellant, an axe was seized, however, seizure witness turned hostile. Investigating Officer has verified the fact of seizure of axe

from the possession of the appellant. Doctor, who conducted postmortem, opined that the injuries he noticed on the person of the body of the

deceased could be caused by axe. There were incised injuries. FIR Ex.P12 was lodged by PW-7 Jhamu at around 8:30 O''clock in the morning

on the next date i.e. on 20.01.2006. The incident had taken place at around 12 O''clock in the night on 19.1.2006. The distance of the police

station from the place of incident is 18 kilometers. Hence, the FIR was lodged promptly. In the FIR, the act of the appellant has been mentioned.

The appellant was armed with a deadly weapon i.e. an axe. He came on the spot and inflicted number of injuries on the person of the deceased on

vital parts of his body.

In such circumstances, in our opinion, the trial Court has rightly held the appellant guilty for commission of offence of murder and awarded a

proper sentence. We do not find any merit in this appeal. It is hereby dismissed.