BABU LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Twelve persons faced trial for alleged commission of offences punishable under Ss. 147, 148, 302 read with S. 149 of the Indian Penal Code, 1860 (in short the 'IPC'), were convicted by First Additional Sessions Judge, Shivpuri and sentenced to undergo imprisonment for life in respect of offence punishable under S. 302 read with S. 149, I.P.C. and three years for the rest of the offences. They preferred three appeals before the Madhya Pradesh High Court. By the impugned judgment the appeals were dealt with together and conviction and sentence in respect of Tulua (A-1), Babulal (A-2), Mahesh (A-6), Sahab Singh (A-9), Kishan Singh (A-10), Netram (A-11) and Jagdish Prasad (A-12) were maintained. Sentences of Tulua (A-1), Babulal (A-2) and Netram (A-11) were reduced to one year and two years respectively for offences relatable to Ss. 147 and 148 respectively. The conviction in respect of Uttam Singh (A-3), Phool Singh (A-4), Sobran Singh (A-5), ant (A-7) and Sarman Singh (A-8) was set aside. Tulua, Babulal and Netram (A-1, A-2 and A-11 respectively) were acquitted of the offence relatable to S. 148. They were convicted of the offence punishable under S. 147, I.P.C. while the convictions of Sahab Singh (A-9), Kishan Singh (A-10) and Jagdish Prasad (A-12) under S. 148, I.P.C. were maintained with modified sentences. The said judgment is impugned in these appeals.

(2.) Prosecution version in a nutshell leaving out unnecessary details is as follows :

(3.) Though the trial Court did not place much reliance on the evidence of the so-called eye-witnesses, yet placed implicit reliance on evidence of the deceased which was given before the police by way of an information which formed the First Information Report and was treated as a dying declaration. Accordingly, the appeal was allowed to the extent indicated, and in respect of some of the accused there was confirmation of the conviction and sentence. During the pendency of the appeal accused-Tulua has died and by order dated 5-6-2003 it was directed that the appeal has abated so far as he is concerned.