HC directs appellants to serve remaining jail term

Source: The Hitavada      Date: 11 Jan 2017 12:18:43

Legal Correspondent,

In the matter related to appellants challenged the judgment dated on May 19, 2007, passed by the Special Judge, SC & ST (Prevention of Atrocities) Act, Rewa in Special Case, the division bench of the Madhya Pradesh High Court (MPHC) comprising Justice S K Gangele and Justice Subodh Abhyankar has said that “the conviction of all the appellants under Section 307/149 of IPC awarded by the Trial Judge is set aside and in its place they are convicted under Section 326/149 of IPC as there are as many as three fractures caused to Jirraua (PW-2) and sentenced to suffer five years’ rigorous imprisonment, which they have already undergone until now. So far as the conviction of appellants under Sections 148, 302/149, 323/149, 452, 427 and 506-B is concerned, as already discussed herein above, there is no error committed by the Trial Court in convicting the appellants under aforesaid offences. In the result, the appeal is partly allowed to the extent as indicated hereinabove. The appellants are already in jail, hence they are directed to serve their remaining sentences.

The division bench has heard the criminal appeal filed by Baijnath and others. The present criminal appeal has been preferred by the appellants against the judgment dated on may 19, 2007 passed by the Special Judge, SC & ST (Prevention of Atrocities) Act, Rewa in Special Case whereby each of the appellants have been convicted under Section 148 of IPC and sentenced to suffer RI for one year and fine of Rs1,000 under Section 302/149 of IPC RI for life and fine of Rs.1000 under Section 307/149 of IPC RI for 10 years and fine of Rs.1000/ under Section 323/149 of IPC (on seven counts) six months RI under each count and fine of Rs 1000, under Section 452 of IPC rigorous imprisonment for one year and fine of Rs 500 under Section 427 of IPC six months RI and fine of Rs 500 under Section 506-B of IPC RI for one year and fine of Rs 500.

The facts of the case in brief are that on March 16, 2006, at around 8.30 in the morning at village Itwari Tola, Khatkhari, the accused persons, namely, appellant No.1 Baijnath, appellant No 2 Umesh and Chotani, appellant No.3 Ghanshyam, appellant No 4 Awadhesh and appellant No 5 Ramsahodar armed with various weapons including gun, Farsa, Lathi etc. came to the house of deceased Buddhsen Saket and after breaking into the house, caused his death. In this incident, Radhiya, Jirraua, Ratan, Savitri, Asha, Devnarain, Gulabiya and Kiran were also assaulted and were caused injuries especially Jirraua, who received grievous injuries and her dying declaration was also recorded, but, fortunately she survived. The case of the prosecution is that on the fateful day of March 16, 2006 when the appellants barged into the house of deceased Buddhsen Saket, his wife Radhiya tried to stop them but the appellants broke the door open and murdered her husband Buddhsen Saket. The FIR (Ex.P/1) was lodged by Radhiya (PW-1) herself at around 9 am in the morning against as many as nine accused persons. Since other accused persons, namely, Nichani, Vishwanath, Raghurai and Sanjay were absconding, hence the trial was conducted against the present appellants only. Radhiya has stated in her statement that her husband Buddhsen Saket was fired upon by accused Marchani. She has also stated that all the accused persons assaulted her husband by various weapons and Sahodar caused Gandasa injury.