MISHRILAL Vs. STATE OF M P

JUDGEMENT

(1.) The four appellants along with two others were found guilty of the offence punishable under Section 302 read with Section 149 IPC. They were also found guilty of the offence under Section 148 IPC. The appellants preferred an appeal before the High Court and the same was dismissed. Hence, they challenge their conviction and sentence in this appeal.

(2.) The incident giving rise to the present appeal happened on 22-7-1990 at about 6.00 p.m. PW-1 Kammod, PW-2 Mokam Singh and deceased Balmukund were grazing the cattle in their fields. The appellants along with their accomplices came there and attacked Balmukund and PW-2 Mokam Singh. Appellants Mishrilal and Lallu @ Lalaram were armed with axe and A-3 Kamoda @ Kamod Singh was armed with lathi while A-4 Narayan Singh was armed with a Luhangi. The prosecution case is that all of them caused injuries to deceased Balmukund. PW1 Kammod later went to the Police Station at Bajranggarh and gave information about the incident.

(3.) On the side of the prosecution, 8 witnesses were examined. PWs 1 to 4 are eye witnesses. The evidence of PW4 Mathura Lal was not accepted by the Sessions Judge as his name was not mentioned in the F.I. Statement. The Sessions Court relied on the evidence on PW1 to PW3. The High Court also accepted the evidence of PW1 to PW3.