NARAYANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Cr. A. No. 623/94 and Cr. A. No. 78/95.

(2.) ACCUSED persons Narayansingh and Badrilal have filed Cr. A. No. 623/94 against the judgment and order dated 30-8-94 passed by 1st A. S. J. Shajapur in S. T. No. 89/91 whereby the appellants were convicted for offences under Sections 302/34, 324/34 and 323 read with Section 34 I. P. C. and sentenced to life imprisonment and to pay fine of Rs. 3,000/-, in default of payment of fine 3 years R. I. each under Section 302/34, IPC and to pay fine of Rs. 500/-, in default of payment of fine 5 months R. I. on each count under Sections 324/34 and 323/34, IPC and State has filed Cr. A. No. 78/95 against the acquittal of accused persons Mansingh, Roopsingh, Narayansingh, Ladsingh, Shankerlal, Bapulal, Sarjusingh and Siddhulal.

(3.) THE prosecution case, in brief, was that there arose some dispute about theft of Tuwar between the appellants' party and the complainant party. Members of both parties are residents of village Bilodapal. On 12-1-91 at 8 p. m. the appellants Badrilal and Narayansingh armed with axe and Farsi and acquitted co-accused Ladsingh, Mansingh, Roopsingh, Siddhulal, Shankerlal, Bapulal and Surajsingh armed with lathis, had gathered and formed unlawful assembly in front of the house of Daulatsingh with common object/intention to beat and teach him a lesson. When Daulatsingh came out of his house the appellant Badrilal gave him axe-blow which landed on his head. He made alarm and cried 'save-save'. All the accused persons shouted 'kill him, kill him'. Hearing this, Daulatsingh's brother deceased Kalu rushed there to save him. The appellant Narayansingh dealt one farsi-blow which struck his head. Thereafter, all the accused persons assaulted Kalusingh with their respective weapons. In the meantime, Chandersingh (P. W. 2) Bhanwarlal (P. W. 9), Suratsingh, Amarsingh and Balusingh etc. came there to save Kalusingh and Daulatsingh. The appellants also gave them beating and thereafter ran away from the spot. Daulatsingh, Kalusingh, Chandersingh, Suratsingh and Amarsingh went to police station Sarangpur where on 13-1-91 at 1. 30 a. m. Daulatsingh lodged FIR, Ex. P-1, which was recorded by A. K. Agarwal, S. I. (P. W. 6 ). He sent Kalusingh, Daulatsingh and other injured persons for medical examination. Dr. R. K. Sharma (P. W. 10) examined them and found as under : Kalusingh