NANDGIR Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal under Section 374 of the Cr.P.C, the appellants seek to challenge their conviction under Section 302 read with Sections 149 and 148 of the Indian Penal Code and consequent sentence of impris-onment for life with fine of Rs. 1,000, in default of payment of fine to suffer additional RI for six months and RI for one year with fine of Rs.500, in default of payment of fine to suffer additional RI for one month each respectively vide judg-ment dated 7.1.2000 passed in-Sessions Trial No.55/1998 by the learned Second Additional Sessions Judge, Neemuch.

(2.) Here, it would be worthwhile to mention that the appellant No.l Nandgir died during pendency of this appeal on 27.4.2007 and as such, his appeal stood abated and his name was directed to be deleted from the cause title of memo of appeal vide this Court order dated 18.3.2010.

(3.) The facts of the prosecution case in nar-row compass are that on 17.11.1997 in village Sawan, the complainant Mohangir (since de- ceased) was getting the plinth of house dug by the labourers Shankarlal and Shambhu son of Patiya. At 11.00 a.m., the deceased/appellant Nandgir, his wife Mohanbai, two daughters named Manjubai and Ashabai and son Pawan armed with lathis and sickle reached over there started making war cry and started assaulting Mohangir saying that as to why he was getting the plinth dug on their land. Nandgir, Mohanbai and Manjubai assaulted Mohangir by lathi caus-ing injuries on his head, both hands and legs, Pawan caused injuries by sickle on head and both legs while Asha caused injuries by lathi on various parts of the body. On the spot, Khemraj, Bherulal, Bansilal and Onkarlal intervened. Dehati Nalishi Ex.Pl of the incident was lodged by Mohangir on the basis of which FIR Ex.P17 was registered. At the time of lodging the re-port, Bansilal, Khemraj and Bherulal were present. Since the complainant Mohangir had sustained injuries on his hands, he could not put his signature on the report. While taking to the hospital, he breathed his last on the way. The police, after completion of inquest proceed-ings, sent the dead body of Mohangir for post-mortem examination which was performed by PW4 Dr. S.M. Baghel. Post-mortem examina-tion report is Ex.P17. The appellants were ar-rested vide arrest memos Ex.P2 and P3. On dis-closure statements from Ex.P4 to P8 made by the accused persons, lathis and a sickle were seized vide seizure memos Ex.P9 and P10. Af-ter completing usual investigation, the appellants were charge-sheeted for the offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code.