GANGADHAR Vs. STATE OF M P

JUDGEMENT

(1.) The Appellants have filed the aforesaid Criminal Appeal against the impugned judgment and order of conviction and sentence passed against them in ST No. 92/1992 dated 15/2/2000 by learned Addl. Sessions Judge, Shujalpur, District Shajapur whereby convicted Appellants Under Section 302/149, 323/149 and 148 of the Indian Penal Code, sentenced each of them to undergo RI for life with fine of Rs. 300/-, with defaulting clause to undergo further RI of six months, six months RI and two years RI, respectively. However, the substantive jail sentences have been directed to run concurrently.

(2.) Laconically, the prosecution case as narrated before the trial Court is that on 17/11/1991 complainant Samandarsingh (PW.6) andhis cousin brother, deceased Mangilal were transporting in a bullock-cart soyabean husk from the well of Hemraj in the morning at about 6.30-7.00 a.m. When they reached on the way of forest towards village Uchhod they were intercepted by Appellant No. 1 Gangadhar. Gangadhar objected taking of bullock-cart. At that moment other Appellants also reached over there having farsis and lathis. Present Appellants and other three acquitted co-accused persons had started assaulting Mangilal by their respective weapons. When Samandar singh tried to save his brother he too was assaulted by Gangadhar, causing injury on his back and left arm. Mangilal sustained injuries on his head, hands, palm, right and left knee and calf: At the time of incident, one Kamal Gadri and Dilipsingh (PW.9) had reached over there. After assault, accused persons fled away. PW.6 Samandar singh took Mangilal in bullock-cart to Police Station Akodia, District Shajapur and lodged the report (Ex.P. 16) recorded by Probationary Sub Inspector U.S. Tomar (PW.8). Mangilal was sent for medical examination to Civil Dispensary and examined by Dr. R.C. Kuril (PW.1). Dr. Kuril also medically examined and treated Samandar singh (PW.6), Appellant No. 1 Gangadhar and acquitted co-accused Radheshyam. He issued MLC report Ex.P.3 of deceased, Ex.P.2 of PW.6 Samandar singh, Ex.D.1 and D.2 of Appellant No. 1 Gangadhar and Radheshyam. Mangilal died on the same day during, the course of treatment. After completion of inquest enquiry, the dead body was sent for postmortem examination which was conducted by Dr. Kuril (PW. 1). Postmortem report is Ex.P. 1. Investigating Officer seized the blood stained and controlled earth from the spot, also prepared spot map. 10 accused persons were arrested and on their disclosure statements, farsis and lathis were seized. Investigating officer recorded the statements of witnesses who were acquainted with the facts of the case and on completion of investigation, filed the charge sheet against 10 accused persons for the offence Under Section s. 148, 302, 302/149 and 323 of the Indian Penal Code.

(3.) The accused persons denied the charges and their defence was that because of inimical term, they all were falsely implicated. They have also contended that in fact Gangadhar and Radheshyam were assaulted by the complainant party and complainant party to save themselves lodged a false report implicating as many as 10 persons. In cross examination, they got proved MLC report of both the accused vide Ex.D.1 and Ex.D.2 from Dr. Kuril (PW. 1). They have not examined any witness in defence whereas prosecution has examined as many as nine witnesses and got proved 34 documents to prove its case. Learned trial Court, while acquitting three accused persons, convicted the present Appellants as described herein above.