JHUNZARA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants along with six others were charge-sheeted for the offences punishable under sections 148, 302 and 307 read with section 149 of the IPC. After completion of the trial, the appellants along with A-1 jhenju, A-5 Jhamku Bai, A-6 Janu Bai and a-7 Bhangadiya were convicted for commission of the offences punishable under sections 148 and 302 read with section 149 and sentenced to undergo life imprisonment for the main offence. The convicted accused filed an appeal in the High Court which was disposed of by the impugned judgment, by acquitting A-1 Jhenju, A-5 jhamku Bai and A-7 Bhangadiya. However, the conviction and sentence of the appellants was upheld.

(2.) According to the prosecution, on 28th july, 1988 at about 4. 00 p. m. Bhadru, P. W. 2, Badiya (deceased) and one Sastiya had gone to the house of Pujara Idla where the appellant Jhunzara had also come. The appellant Jhunzara invited P. W. 2, the deceased and Sastiya for dinner and drinks at his place. The deceased accompanied by other two persons went to the house of jhunzara where other accused persons were also present. All of them consumed liquor. Jhamku Bai A-5 then closed the door from inside. At that time Kel Singh, jhunzara, Kekadiya the appellants, put their arrows on the Kamathi and decided to kill the deceased and his companions. Accused Kel Singh and Jhunzara shot two arrows at Bhadru P. W. 2, one of which hit him at his left shoulder and other at his chest. Jhamku Bai is alleged to have hit the aforesaid witness with a stick. Janu Bai a-6 also hit Badiya (the deceased) with an axe. The appellant then shot arrows at the deceased which hit at his stomach, chest and right hand. After the matter was reported to the police, the injured was shifted to the hospital where he succumbed to his injuries on the 3rd day of the occurrence.

(3.) While acquitting the other accused persons, the High Court found that no case was made out for attracting the provisions of section 149 of the Indian Penal Code and finding that there existed the common intention amongst the appellants, the provisions of section 34 of the Indian Penal code were invoked for upholding the conviction and sentence.