NANDLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.6.1992 passed by the Sessions Judge Raigarh in Sessions Trial No. 186/1990 convicting the appellants under Sections 304 (part-I)/149, 323/149 and 147 of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for two years, six months and six months on each count.

(2.) CASE of the prosecution in brief is that on 18.5.1990 deceased Beni Madhav had erected a fencing in his field and it is alleged that all the accused persons had filled up the plinth dug by him. On protest being made by deceased Beni Madhav, firstly accused Ghasiram and Nandlal assaulted him on his head and thereafter when the deceased fell down, all other accused persons also assaulted him with club and caused injury on his head, both hands and left leg. On that day itself Dehati Nalisi Ex. P-22 was lodged by deceased Beni Madhav and based on that FIR Ex. P-23 was registered for the offences under Sections 147, 307 and 323 IPC against the accused persons. Further case of the prosecution is that on 7.6.1990 Beni Madhav expired. Merg intimation Ex. P-73 was given to the police and after investigation challan was filed on 8.8.1990 against the 12 accused persons including the present appellants under sections 147, 148, 149, 307 and 302 IPC.

(3.) HEARD counsel for the parties and perused the material available on record including the judgment impugned.