KHUMAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) There are seven appellants in this Appeal who have impugned the judgement and order of the High Court of madhya Pradesh at Jabalpur dated 2nd September, 1998 in Criminal Appeal No. 1035 of 1989. The High Court by its impugned judgement and order dismissed the appeal preferred by them and upheld the judgement and order of the First Additional Sessions Judge, Sehore in Sessions Trial No. 74 of 1988 finding them guilty of the offence punishable under Section 302 read with Section 149 IPC and sentencing them to imprisonment for life. The appellants were also found guilty of the offences under Sections 147 and 323 read with Section 149 IPC and sentenced to undergo one year, and six months, rigorous imprisonment respectively for those offences.

(2.) The facts of the case are that in connection with the Flag Ceremony performed near the Hanuman Temple, the villagers had assembled from different villages. They danced the whole night in celebration. The party of the complainant was dancing to the beating of drums of one Nanla (PW 5) while the appellants and others were dancing in a separate group. It appears that inadvertently the stick of Khuman Singh, Appellant No. 2 hit PW 5 on his face. There was protest from Nanla, and it appears that an altercation followed the protest. However, the groups dispersed thereafter. Rayla (since deceased) had intervened to pacify the parties. Thereafter the villagers took 'prasad' and started to proceed towards their respective villages. According to the prosecution, the complainant party was chased by the appellants who caught hold of Nanla (PW 5). There was protest from deceased Rayla and others. It appears that appellant No. 1 gave a lathi blow to Bair Singh (PW 1). The chase continued and ultimately in the field of Samadh miyan, Rayla, the deceased was over-powered and was assaulted with lathi and stones. It is the case of the prosecution that some of the accused trampled on his body as a result of which he died on the spot.

(3.) The First Information Report was lodged by PW1 and after investigation the appellants were put on trial. There is considerable evidence on record to prove the participation of the appellants. The evidence also establishes the genesis and manner of occurrence as stated by the prosecution.