DHANNA KANHIYALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) A young man, by name Nanji, was murdered on 23-8-1980, near Government Degree College, Dhar. The police arraigned five persons for the said murder and the Session Judge, after trial, convicted the first two among them (Kannaiyalal-first accused and Maniram-second accused) of the offence under Section 302, I.P.C. and acquitted the remaining three persons. State filed an appeal challenging the acquittal and the convicted persons filed another appeal. High Court of Madhya Pradesh while confirming the conviction and sentence reversed the order of acquittal of 5th accused (Dhanna) and convicted him also of the offence under Section 302 I.P.C. Sentence of imprisonment for life was awarded to all the convicts. We have before was two appeals by special leave. One jointly filed by Kannaiyalal and Maniram and the other separately filed by Dhanna.

(2.) Prosecution set up the following case against five accused. Around 3.30 p.m. deceased Nanji, PW-1 Gopilal and PW-5 Narainlal were proceeding on bicycles along Dhar-Indore Road. Their destination was Nanji's house at Jetoura. As they reached near Government Degree College, all the five accused emerged from the roadside and made a blitz on Nanji. Kannaiyalal and Maniram was armed with Dhariya, 3rd accused had a pistol and 4th and 5th accused (Dhanna) had sickles with them. Deceased tried to escape but was again attacked by the assailants with their cutting weapons. PW-I and PW-5 cried for help and thus Nanuram (PW-6) the Peon of the College rushed to their rescue. But by then Nanji had sustained a number of serious wounds on his head and fell down dead at the spot itself.

(3.) Sessions Court framed a charge against the accused for offences under Sections 302 and 148 read with Section 149 of the Indian Penal Code. The accused denied having participated in the occurrence. After trial learned Sessions Judge concluded that prosecution has failed to prove that there was an unlawful assembly, but found that Kanhaiyalal (first accused) and Maniram (second accused) have inflicted cut injuries on the deceased with Dhariyas and convicted them under Section 302, I.P.C. and sentenced them each to imprisonment for life.