Chandu @ Bhagwan vs State of Madhya Pradesh

Appellant Chandu @ Bhagwan has filed Cr. Appeal No.2466/2008, against the judgment dated 14.09.2007 passed in S. T. No.95/2006. Trial

court convicted the appellant under Section 302 of IPC (for two counts) and 25 of Arms Act and sentenced for imprisonment of life with fine of

Rs.500/- in earlier count while RI one year with fine of Rs.100/- in later.

Prosecution story in brief is that on 21.10.2006 deceased Kishorilal Verma along with his wife at around 6.00 O''clock in morning had gone to

worship Narmada on his Bolero vehicle. They had reached at Vivekanand Asharm at around 8.00 O''clock. Bhagwan Patel was driving the

vehicle. They stayed in Vivekanand Asharm. They were going to take bath and offer worship at the bank of Narmada. They sent Bhagwan Patel

to take Nariyal. On returning back he had seen that the appellant had been inflicting blows of knife at Kishori Lal Verma. His wife Veena Verma

tried to save Kishorilal Verma on which appellant had inflicted blows of knife at Veena Verma also. Both were fell down. After hearing cry of

Bhagwan Patel other persons Premlal, Shantilal and Dinesh reached on the spot and with their help appellant was caught hold at the spot and

incident was informed to the police. Police registered Dehati Nalisi, reached on the spot and arrested the appellant. Appellant was given a contract

to construct building of factory of the deceased and there was a dispute in regard to payment of construction work between the deceased and

appellant, on that account appellant had killed both the persons. Police conducted investigation and filed charge sheet against two accused

persons. Accused persons abjured the guilt. Trial Court acquitted one of the accused person Ramesh Chand from charges and convicted the

appellant for commission of offence punishable under Section 302 of IPC (for two counts) and 25 of Arms Act and sentenced for imprisonment of

life with fine of Rs.500/- in earlier count while RI one year with fine of Rs.100/- in later.

There are eyewitnesses of the incident. Appellant was caught hold on the spot.

Bhagwan Patel P. W.13 deposed that I know Kishorilal Verma and Veena Verma. I was driver of the vehicle of the deceased. They belonged

to Schedule Caste. At around 6.00 O''clock I had taken Kishori Lal Verma and Veena Verma to Mortakka Khedi Ghat in Bolero vehicle. There

is Vivekanand Asharm at the Ghat. They alighted from the vehicle. They had gone to take bath in river Narmad. They had sent me to take Nariyal.

When I returned back I had seen that appellant Chandu had been inflicting blows of knife on the neck and stomach of Kishorilal. Appellant had

also inflicted injuries at Veena Verma on her thigh and stomach by knife. Appellant tried to run away from the spot. Thereafter, Premlal, Dinesh

and Shantilal reached on the spot. Ramesh had thrown a wooden stick at Chandu and thereafter we had captured the appellant and tied his hands

and legs. Police also reached on the spot. I lodged report Ex.P.20. Ex.P.21 is merg and I signed the same.

Ganesh P. W.3 deposed that I was posted at Police Station Mandhata. I heard the cry and when I reached on the spot. I saw that three-four

persons had captured a person. I had taken the appellant and other persons to Police Station. Same facts have been deposed by P. W.4 another

constable.

Shantilal P. W. 7 deposed that I also went to Mortakka Khedi Ghat. I had taken bath in the river. Mr. Dinesh and Premlal were with me. We

noticed that one person was beating someone, he also attacked on a lady, they fell down. Accused tried to ran away, Ramesh thrown a wooden

stick at the accused. Other persons caught hold him. He told his name Chandu, thereafter we handed over the appellant to the Police. He told that

he had not been paid the amount of contract that is why he had beaten them. There were blood stains on the clothes of the appellant. Both the

persons were died. We signed Safina forms Ex. P.4, Ex.P.5 and Dead body Panchnama Ex.P.7. We also signed seizure memo Ex.P.8. Police

seized red and plan earth by Ex.P.9 and we signed the same. On the memorandum of accused Ex. P.10 a knife was seized by seizure memo

Ex.P.11. I signed both the documents. Appellant was arrested.

Ramesh P. W.10 deposed that I witnessed that appellant inflicted blows of knife at the deceased and at a lady also. Both were fell down.

Appellant had tried to run away from the spot. He had thrown stones on me. I had thrown a wooden stick at him and thereafter I, Dinesh, Shantilal

and Premlal over powered him. He told his name Chandu. He told that there was a dispute of money that is why he had killed the deceased

persons.

Dinesh P. W.11 deposed the same facts that we had noticed that appellant had inflicted blows of knife on the deceased and his wife. Thereafter,

appellant tried to run away on which Ramesh thrown wooden stick at him, he fell down, we over powered him. He told us his name Chandu.

There were injuries of knife on the deceased.

Amit P. W.14 deposed that deceased had given contract to construct building of factory to the appellant. Appellant stopped the work. He had

not completed the work. Hence, there was a dispute between the appellant and the deceased. There was some verbal talk between appellant and

Veena Verma. The appellant threatened her to kill. A report was lodged at the Police Station.

Dr. N. S. Kochkar P. W. 9 deposed that on 21.10.2006 I was posted as Assistant Surgeon at District Hospital Khandwa and performed

postmortem of the deceased Kishorilal. I noticed following injuries on the body of the person of the deceased:

(1) Incised wound size 12 cm x 4 cm deep into neck cutting, trachea, esophagus all big vessels, vanes & muscles, clotted blood.

(2) Incised wound of size 5 cm x 2 cm x cavity deep just below left nipple.

(3) Incised wound of size 4 cm x 3 cm cavity deep 5 cm above umbllicus.

(4) Incised wound of size 8 cm x 3 cm cavity deep left ant. suprailiac spine ometum & intestine coming out, clotted blood

(5) Incised wound of size 7 cm x 3 cm x cavity deep over ant suprailiac spine on the right side, omentum & intestine coming out.

(6) Incised wound of size 11 cm x 3 cm x bone deep around left wrist joint.

The deceased was died due to injuries suffered by him. Injuries were caused by sharp and hard weapon may be by knife.

Dr. Lakshmi Dodwe P.W.12 deposed that on 21.6.2006 I was posted as Assistant Surgeon at District Hospital Khandwa. I performed

postmortem of the deceased Veena Verma along with Dr. Hirwe. I noticed following injuries on the body of the person of the deceased:

(1) A incised wound size 7 cm x 4 cm all structure of neck including muscle, trachea, esophagus blood vessels are cut.

(2) A star wound of size 4.5 cm. x 2 cm x cavity deep on left breast region.

(3) A incised wound of size 9 cm x 3 cm muscle deep on upper side of right forearms clotted blood.

(4) A incised wound of size 5cm x 1.5 cm x muscle deep on lower 1/3 of right arm.

(5) A incised wound of size 9 cm x 3 cm x muscle deep on posterior medial aspect of forearm is vertically.

(6) A star wound of size 10 cm x 3 cm x cavity deep on right hypochondrium.

(7) A star wound of size 7cm x 2.5 cm x cavity deep on epigastrium.

(8) A star wound of size 4 cm x 5cm cavity deep on left hypochondrium.

I opined that injuries could be caused by knife.

P. W.16 is the investigation officer. He deposed that information was received on telephone on 21.6.2006 at the police station that somebody

had killed Kishorilal Verma MLA and his wife. I recorded information at Rojnamcha Ex.P.22 and reached at the spot. The report was recorded at

the spot. Dehati Nalisi Ex.P.23 was recorded on the information of Bhagwan Patel, I signed the same. He also signed the same. Merg intimation

Ex.P.21 was also recorded. I prepared the spot map Ex.P.24 and signed the same. I seized plain and red earth by seizure memo Ex.P.9 and

signed the same. I also seized other articles i.e. sleeper and clothes of the deceased by seizure memo Ex.P.8 and signed the same. Appellant was

arrested and on his memorandum a knife was seized vide seizure memo Ex.P.12. I signed both the documents. I also seized clothes of the

appellant by Ex.P.11 and thereafter recorded statements of Bhagwan Patel, Ramesh Rathor, Dinesh, Premlal. Motor cycle of Bhagwan was also

seized. Seized articles were sent to FSL. The appellant was arrested on the spot.

Driver P. W.13 Bhagwan who is present on the spot deposed that appellant had inflicted injuries on the body of the persons of the deceased

by knife. His evidence is natural. P. W.7, P. W.10 and P.W.11 were also present on the spot. They had also witnessed the incident. They had

caught hold the appellant on the spot. Doctors who performed postmortem of the deceased persons deposed that injuries were incised and they

could be caused by knife which was found in possession of the appellant and seized on his memorandum. Other articles were also seized from the

spot. Blood stains were found on the seized clothes of the appellant. Dehati Nalisi was registered on the spot, in which the name of the appellant is

mentioned. The deceased belongs to Schedule Caste. Appellant was having knife and it was in excess of prescribed limit. Hence, in our opinion

the trial court had rightly convicted the appellant for commission of offence punishable under Section 302 of IPC and Section 25 of Arms Act and

awarded proper sentence. We do not find any merit in this appeal.

State has also filed an appeal (Cr.A.No.781/2009) against acquittal of another accused Ramesh Chand, who has been acquitted by the trial

Court from the charge. There is no evidence that there was any conspiracy between main accused Chandu and co-accused Ramesh. He was tried

on the basis of memorandum of appellant-Chandu. However, there is no evidence on record that co-accused Ramesh had entered into any

conspiracy with appellant Chandu to kill the deceased persons. Hence, in our opinion, the trial Court has rightly acquitted co-accused Ramesh.

From the evidence we do not find any merit in this appeal also. Consequently, both the appeals are hereby dismissed.