SHRIKRISHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Court of learned Additional Sessions Judge, Basoda, in Sessions Case No. 33 of 1993, by judgment and order dtd. 9/12/1997, convicted the appellant - Shrikrishna - original accused no.4, along with other accused persons for the offences under Sec. 302 read with Sec. 149, Sec. 324 read with Sec. 149 and Sec. 323 read with Sec. 149, Indian Penal Code, 1860. The appellant came to be sentenced for life imprisonment with hard labour for the offence under Sec. 302 read with Sec. 149, IPC. He was convicted for rigorous imprisonment for three years, one year, and two years for the offences under Ss. 324, 323 and 147, IPC respectively. All the sentences were directed to run concurrently.

(2.) The appellant challenged his conviction and sentence as above by preferring an appeal before the High Court of Madhya Pradesh. The High Court altered the conviction of the appellant from under Sec. 302, IPC to Sec. 304, Part II, IPC, sentencing the appellant to rigorous imprisonment for seven years with fine of Rs.5,000.00 and in default of payment of fine, to undergo further imprisonment for three months. The aggrieved appellant has filed the present appeal before this Court against the conviction and sentence imposed on him as above by the High Court.

(3.) First Information Report No.181 of 1992 came to be registered with the police station concerned. As per the prosecution case, on 10/12/1992 at about 6 p.m. at Village Dudankhedi, a quarrel took place between the son of the appellant herein and the son of one Ram Singh. It was stated that the said Ram Singh had gone to the house of the appellant to complain as to why the appellant's son had beaten Gowardhan Singh - son of Ram Singh. At that time, other accused persons assembled at the place with a common criminal object. It was the case that the co-accused named Ajab Singh and Lakhan Singh had been holding axes (Farsa) in their hands, whereas the others, including the appellant, had been holding lathis.