DEVA Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 7th August, 2002 passed by learned Third Additional Sessions Judge (Fast -Track), Guna, in Sessions Trial No.316/ 2000 convicting appellants under section 147, 148, 302/149, 307/149, 324/149 and 323/149 of IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, this appeal has been preferred by the appellants under section 374(2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that in the night of 13th December, 1999 a programme of Ratri Jagran (singing Bhajans throughout the night) was going on in the house of one Bheema in which Balu son of Deepak, Narayan, Balla, Ghasi, Bhawarlal, Gappa, Karansingh, etc. were offering their prayer. At that juncture, the wife of Balu alias Balla namely Bhulibai was all alone in her house. At near about 9 p.m. some hue and cry as heard by these persons which was coming towards the house of Balu alias Balla, as a result of which, he (Balu alias Balla) went to his home where he found that appellant -Babu was caught hold by his wife Bhulibai and it was told by his wife Bhulibai that appellant Babu was trying to outrage her modesty. However, appellant Babu managed to escape from the grip of the wife of Balu alias Balla and thereafter he again arrived at the house of this couple alongwith other appellants. It is said that Babu was carrying a Ballam, Deva and Jiya Lathis, Kalu Farsa and Hajari was carrying a Ballam. In between, Narayan (hereinafter referred to as the deceased) and another Balla son of Mansingh also arrived there. It is said that Hajari dealt Ballam blow to Balla son of Mansingh on his rib region and the other accused persons also started causing injuries. On hearing hue and cry, Ghasi, Gabba alias Gappa and Bhanwarlal etc. also arrived at the spot and these persons were also assaulted by the appellants by Ballam, Farsa and Lathi. It is said that appellant Babu dealt Ballam blow which landed on the rib region of the deceased. After causing the injuries, all the accused persons fled from the place of occurrence.

(3.) THE investigating agency sent the deceased, who was alive, and all other injured persons to the hospital for treatment, however, the deceased could not survive and died while undergoing the medical treatment. On the death of the deceased, the case was altered and registered under section 302/149 of IPC.