JAGDISH AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) The appeal is directed against the order of conviction and sentence dated 14.10.1999, passed in Sessions Trial No.213/1993, by the Additional Sessions Judge, Jashpurnagar, District Jashpur, whereby the Appellants have been convicted U/s.148 of IPC and have been sentenced to 1 year rigorous imprisonment and fine of Rs.500/- and in default of payment of fine, three months simple imprisonment. Further have been convicted U/s.302/149 of IPC and have been sentenced to life imprisonment and fine of Rs.5000/- and in default of payment of fine, 5 years simple imprisonment. Further have been convicted U/s.307/149 of IPC and have been sentenced to 5 years rigorous imprisonment and fine of Rs.2000/- and in default of payment of fine 1 year and 3 months simple imprisonment and have been further convicted under Section 323/149 of IPC and sentenced to 3 months rigorous imprisonment to each of the Appellants.

(2.) Briefly stated facts of the prosecution case was that on 14.08.1998 at about 4.30 pm at village Mudahi Malsema, the Appellants gathered at field named Kumbhipawal and in furtherance of that when deceased Krishna, his father Jeevan Lal (PW-4), the injured Bal Bhagwan (PW-5) and Beni Prasad (PW-6) while were returning after grazing the cattle, the Appellants at field known as Kumbhipawal attacked them. During such attack^ the Appellants Jagdish (A-1) was armed with gandasa, Maheshwar was also armed with gandasa, Jairam and Kanhaiya were armed with spade and others were holding the clubs. With such arms the accused started beating Krishna, Jeevanlal, Bal Bhagwan. The incident happened over a dispute, f6r grazing the crops by the catties. During such quarrel Jagdish had assaulted on the neck of Krishna by way of gandasa, whereby he died on the spot. When Jeevanlal and Bal Bhagwan tried to save them they also sustained severe injuries on shoulder arm and thigh.

(3.) The incident was reported by Beni Prasad, who was also assaulted by means of club, and the FIR was made on the subsequent day on 15.08.1998 at Bagicha Police Station by Ex.P/3. After such report, the matter was investigated and dead body of the Krishna was subjected to postmortem and injured namely Jeevan Lal, Bal Bhagwan and Beni Prasad, were examined by the Doctors and after recording statement and the medical examination, the statement of the witnesses were recorded. During investigation it reveal that the Appellants/accused used to graze their cattle over the crop of Jeevanlal, which resulted into dispute which ultimately ended in such quarrel and murder. After investigation of the case, the charge sheet was filed.