BHARATLAL Vs. STATE OF M.P

JUDGEMENT

(1.) THE aforesaid appeals filed by Bharatlal, Balram @ Balaram Sahu, Tukeshwar @ Baratlal Sahu, Kaleshwar @ Bhuneshwar, Sethi @ Sitambar, Pitambar, Amgaheen @ Janki Bai; Sukhsagar Sahu, Tekram, Raj Kumar, Hem Charan, Prem Sagar, Savitri Bai, Devrahin Bai @ Rachna; and Sunderlal, respectively are being disposed of by this common judgment, as these appeals are arising out of the same judgment.

(2.) BY these appeals under Section 374(2) Code of Criminal Procedure. the accused/Appellants have questioned legality and correctness of the judgment of conviction and order of sentence dated 13-10-99 passed by the Additional Sessions Judge, Sakti, in S.T. No. 81 /95 whereby learned Additional Sessions Judge after holding accused/Appellants namely, Sukhsagar, Tekram, Raj Kumar, Sunderlal, Prem Sagar and Hem Charan guilty for commission of offence under Sections 302/149, 326/149 and 148; accused Bharatlal and Kaleshwar under Section 302/149 and 148 of the I.P.C.; accused Sethi @ Sitambar and Pitambar under Section 302/149 and 148 of the I.P.C. and accused Tukeshwar, Devrahin Bai, Amgaheen, Savitri and Balram for commission of offence under Section 148 of the I.P.C., sentenced each of the accused to undergo imprisonment for life and to pay a fine of Rs. 5,000/- in default of payment of fine to further undergo R.I. for one year under Section 302/149 of the I.P.C., to undergo R.I. for 3 years and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for 3 months under Section 326/149 of the I.P.C and to undergo R.I. for one year under Section 148 of the I.P.C.

(3.) FURTHER case of the prosecution, in brief, is that at about 6.30 a.m. in the morning of 25-7-94 Dular Sai along with his son Johan went to take bath in a pond (Bade Talab) of village Taldeori. After taking bath, Dular Sai was going to temple of Mata Choura, at that time, the accused persons appeared on the scene of occurrence carrying lathi, battle axe, axe and sickle in their hands and started beating Dular Sai, as a result of which he succumbed to the injuries spontaneously. The accused persons also attacked Tara Bai, as a result of which she also sustained injuries. While she was being taken to the hospital, on the way, Tara Bai died. When Gangaram, Radha Bai, and Bahadur came on the scene, they were also attacked by the accused persons. Johan was also attacked. He ran away and lodged report Ex. -P/4 in the police station Jaijaipur which was registered at S. No. 78/94 for commission of offence under Section 302 and 307 of the I.P.C. Chamar Das Kotwar (P.W. 9) gave merg intimation Ex. -P/8 in connection with death of Dular Sai and Tara Bai.