PRAHLAD Vs. STATE OF M.P

JUDGEMENT

(1.) Accused Prahlad, Bhim, Shiv Kumar, Rameshroo and Krishna Kumar have preferred Criminal Appeal No. 2155 of 1999 and accused Mohan alias Jagmohan has preferred Criminal Appeal No. 3132 of 1999 being aggrieved by the judgment of conviction and sentence dated 31-7-1999 passed by the learned Second Additional Sessions Judge, Baloda Bazar, Raipur by which the learned Additional Sessions Judge after holding the above accused persons guilty of the offences under Sections 147, 302 read with Section 149 of the Indian Penal Code, 1860 convicted each of them under the said offences and sentenced each of them to undergo rigorous imprisonment for one year and imprisonment for life and to pay a fine of Rs. 500.00 in default of payment of fine to undergo further simple imprisonment for three months, respectively.

(2.) Since both the appeals are arising out of the same incident and the same judgment, they are being disposed of by this common judgment.

(3.) The relevant facts for the disposal of these appeals are that on 27-3-1992 Ramlal lodged a report in Palari Police Station, district Raipur with the allegation that he is residing in village Amsena and he is agriculturist. Today at 6.00 a.m. in the morning he was getting the work done at Bandhawa Pond by labourers under Jawahar Rojgar Yojana. Domardas, Pyari and others were with him. At about 7.00 a.m. Durpat Bai came to the pond and informed that his son Mohan and other members of his family are beating jagdish Kotwar in front of his house. On hearing this, he along with Domardas and others left for the scene of occurrence and saw that in front of the house of Durpat Bai, Jagdish was lying in the courtyard and Mohan alias Jagmohan, Milind, Bhim, Puranik, Krishna, Shiv, Dukalu, Prahlad etc. were beating Jagdish by kick, fist, shoes and Chappals. On seeing this, he along with Domardas intervened and they took Jagdish on a cycle lying there to the hospital. During the treatment in the hospital Jagdish has died. On receiving this report, the Police registered a case under Sections 147 and 302 read with Section 149 of the Indian Penal Code, 1860 and after investigation filed the charge-sheet against ten accused persons.