KRISHAN KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have preferred this appeal against their conviction and sentence. Appellants Krishan Kumar and Vinod Kumar have been convicted under Section 302, Indian Penal Code, and sentenced to imprisonment for life and fine of Rs. 2000/- each and default to further undergo six months' rigorous imprisonment. They have been further convicted under Section 307, IPC and sentenced to seven years rigorous imprisonment and a fine of Rs. 1000/- each and in default to further undergo three months rigorous imprisonment. Appellant Basant Kumar has been convicted under Section 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 2000/-and in default to further undergo rigorous imprisonment for six months. He has also been convicted under Section 307/34, IPC and sentenced to seven years rigorous imprisonment and a fine of Rs. 1000/- and in default to suffer further rigorous imprisonment for three months. Both the sentences of imprisonment were to run concurrently.

(2.) THE prosecution story is that the appellants are sons of Sardar Sab. On 21-4-1986 at about 6. 30 a. m. in the morning they caused the death of Awdhesh Kumar and further caused injuries to Pramod Kumar (P. W. 2) and thereby attempted to commit his murder. Apart from the appellants, Vijay, another brother of the appellants, was also prosecuted, but since he died during the pendency of the trial (on 21-12-1993) the proceedings against him had abated. The prosecution story further is that the appellants and deceased Awdhesh Kumar and P. W. 1 Anil Kumar, P. W. 2 Pramod Kumar and P. W. 3 Amod Kumar are cousin brothers. Their grandmother Bhagwati Devi was alive and was living with the accused persons. She had been given 3 acres of land in family partition. It is also in the prosecution case that Bhagwati Devi had given her land to the accused persons for cultivation. It is also the prosecution case that crop was sown by the accused persons and it was ready for reaping. The prosecution alleges that on the fateful day, i. e. , 21-4-1986, at about 6. 30 in the morning Awdhesh Kumar was standing under a tree near the land of Bhagwati Devi. He saw the accused persons coming duly armed, along with labourers. Awdhesh Kumar objected to the reaping of the crop on the ground that he and his brothers had a share in the crop. On this hot talks started followed by 'marpit'; Awdhesh Kumar called his brothers Pramod Kumar (P. W. 2), Anil Kumar (P. W. 1) and Amod Kumar (P. W. 3 ). As a result of the 'marpit' Awdhesh Kumar sustained injuries and died. Pramod Kumar (P. W. 2) also sustained injuries. The report (Ex. P-1) was lodged by Anil Kumar (P. W. 1) which was registered at Crime No. 18/86. Accused Basant Kumar also lodged a report (Ex. D-5) for an offence under Section 324/34, IPC against Pramod Kumar, Anil Kumar and Amod Kumar. On the basis of these two reports lodged by rival parties investigation was conducted and as against the appellants the present 'challan' was filed and against the complainant party a case under Section 324/34, IPC was filed, before the Court of Judicial Magistrate, First Class. Appellant Basant Kumar was got medically examined, his injury report is Ex. D-7.

(3.) THE appellants pleaded not guilty and contended that they have exercised the right of private defence of person and property.