Gaurishankar and another vs The State of Madhya Pradesh

Appellants have filed this appeal against the judgment dated 30.12.2008 passed in Sessions Trial No.198/07. The trial Court held the appellant

No.1-Gaurishankar guilty for commission of offence punishable under Section 302/34 (two counts) of IPC and awarded sentence of RI life

alongwith fine of Rs.1,000/-, each count. The trial Court held the appellant No.2- Smt. Hiramati guilty for commission of offence punishable under

Section 302 (two counts) of IPC and awarded sentence of RI life CRA No. 385 of 2009 alongwith fine of Rs.1000/-, each count. The trial Court

further ordered that the sentences shall run concurrently.

Deceased Kamla Prasad was the real brother of the appellant No.1 Gaurishankar. Appellant No.2 Smt. Hiramati is the wife of the appellant

No.1. Deceased Kamla Prasad and Munni were also husband and wife.

Prosecution story in brief is that there was a dispute in regard to a land between both the brothers. On the date of incident, there was a quarrel

and the appellants had inflicted injuries by wooden stick (lathi) and hoe (kudali). The appellant No.1 Gaurishankar was armed with wooden stick

and appellant No.2 Smt. Hiramati was having hoe. Due to injuries, both the deceased persons fell down and died on the spot. Other persons

reached at the spot. Ramprasad lodged report at Police Station Mada. Police registered the offence vide Crime No. 127/2007 and conducted

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

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

Learned Amicus Curiae for the appellants has submitted that the appellants are innocent. They have not committed any offence and they are

innocent. The trial Court committed an error in holding the appellants 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 ample evidence on record against the appellants.

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

There are four eye witnesses in the case. PW-1 Ramprasad Panika deposed that there was a dispute between both the brothers in regard to a

land. At around 7 O''clock, I heard the sound, thereafter, I went to the house of Gaurishankar. I witnessed that appellant No.1 Gaurishankar and

his wife i.e. appellant No.2-Smt. Hiramati had been beating the deceased Kamla Prasad and his wife Munni. Gaurishankar had a wooden stick

and Hiramati had a hoe. Both the deceased received various injuries on their bodies. After hearing cry, Rangilal, Mohan, Jagwali and Vinod

reached on the spot. I lodged the report at the police station, which is Ex.P-1 and Ex.P-2 is the merg. I signed both the documents. Police reached

on the spot and seized plain earth and red earth from the spot vide seizure memo Ex.P-7 and I signed the same.

PW-2 Rangilal is another eye witness. He deposed the same facts that I reached on the spot after hearing cry. I heard the sound ""Gauri don''t

beat"". I witnessed that Kamla was lying on the earth and his wife was also lying on the earth. Gaurishankar had a wooden stick (danda) and his

wife had a hoe (kudali). I asked Gaurishankar why he had killed them, he told me to go away. He inflicted two blows of lathi at Kamla and two

blows of lathi at his wife. There was a land dispute between both of them.

PW-3 Vinod Kumar deposed that I witnessed that Gaurishankar and his wife had been beating the deceased and his wife. Gaurishankar was

armed with wooden stick (lathi) and his wife with hoe (kudali). Police came on the spot and prepared spot map Ex.P-6 and I signed the same.

Police seized wooden stick and hoe before me.

PW-4 Jagvali deposed the same facts that I witnessed that the appellants had beaten both the deceased. Appellant Gaurishankar had a wooden

stick and his wife had a hoe.

PW-5 Siyasharan was declared hostile. PW-6 Ramhriday Gupta admitted his signatures on seizure memos Ex.P-9, Ex.P-10 and Ex.P-11. He

was also declared hostile.

PW-7 Dr. R. Kumar deposed that on 31.07.2007 I was posted as Health Officer at Community Health Center, Waidhan. I performed

autopsy of the deceased. I noticed following injuries on the person of the body of deceased Kamla Prasad Sahu son of Devraj Sahu :

Incised wound 2 1/2 x 3/4 x 1/2 on right side of skull;

Bruise 3 x 3/4 cm right shoulder;

Bruise 8 x 3/4 cm right side of chest;

Compressed face on left side and commuted # of left upper and lower jaw and laceration over upper lip.

Incised wound 1 x 1/2 x 1/3 cm on right leg.

He further deposed that injuries Nos.1 and 5 were caused by incised weapon and rest of the injuries were caused by hard and blunt object. There

was fracture on the head. One rib was broken. Deceased was died due to the injuries suffered by him. Injuries were antemortem in nature.

He further deposed that I performed autopsy on the body of deceased Munnishah wife of Kamla and noticed following injury:

Incised wound 3 1/4 x 1 x 1 cm, brain material came outside from wound present at left side of skull.

He further deposed that the injury was caused by incised weapon. Death was caused due to injury suffered by the deceased on her head.

PW-8 S.K. Dwivedi is the Investigating Officer. He deposed that I conducted investigation of the case. Ram Prasad informed about the death

of two persons. I registered merg, which is Ex.P-2 and signed the same. FIR is Ex.P-1 and I signed the same. On 31.07.2007, I prepared spot

map Ex.P-6 and signed the same. I seized plain earth and red earth vide seizure memo Ex.P-7 and signed the same. Cloths of both the deceased

were seized vide seizure memo Ex.P-7A and I signed the same. I recorded statements of the witnesses namely Ram Prasad Panika, Ashish

Kumar, Vinod Kumar, Rangilal, Jagvali Saket, Mohan Saket, Chhote Lal Saket and Tejmati Saket. On the memorandum of Gaurishankar Ex.P-8,

a wooden stick was seized vide seizure memo Ex.P-9 and I signed both the documents. Similarly, on the memorandum of Hiramati Ex.P-10, a hoe

was seized vide seizure memo Ex.P-11. I signed both the documents. Appellants were arrested. Seized articles were sent for chemical examination

to Forensic Laboratory.

One defence witness was also examined. He deposed that I had no knowledge how the deceased persons were died. His evidence is

insignificant.

From the evidence of PW-1 Ram Prasad Panika, PW-2 Rangilal, PW-3 Vinod Kumar and PW-4 Jagvali, who are the natural eye witnesses,

this fact has been proved that the appellants were armed with stick and hoe. They had beaten both the deceased. Both the deceased received

injuries on their bodies, which were caused by hard and blunt object and sharp edged weapon. Medical evidence has corroborated the oral

evidence. FIR Ex.P-1 was lodged promptly on the same date. The incident had happened at 7 O''clock in the morning and FIR was lodged at 9

O''clock in the morning. In the FIR, names of both the accused persons have been mentioned. From the appellants, wooden stick and hoe were

seized. As per FSL report Ex.P-20, human blood was found on the stick and hoe seized from the appellants. The appellants acted in cruel manner.

They had inflicted injuries on the vital parts of the body of both the deceased persons. Two persons were killed. Hence, intention and motive of the

appellants were to kill the deceased persons. They had sufficient knowledge. Both the deceased died on the spot. In such circumstances, in our

opinion, the trial Court has rightly held the appellants guilty for commission of offence of murder and awarded proper sentence.

Consequently, we do not find any merit in this appeal. It is hereby dismissed.