CHAMPALAL Vs. STATE OF MP

JUDGEMENT

(1.) -Twelve persons were placed before the 8th Additional Sessions Judge, Ujjain to take their trial under Sections 148; 149,302,149:307 IPC and Sections 25,27 of the Arms Act. Seven of these persons have been acquitted and we are not concerned with them any longer but the remaining five have been found guilty, details of offences; convictions and sentences are as under :- <IMG>JUDGEMENT_1655_ILR(MP)_2010Image1.jpg</IMG> Section 302/149 R.I. for life with fine of Rs. 1000/- to each with default stipulation; Section 148 IPC one year rigorous imprisonment with fine of Rs.500/- with default stipulation to each; Section 326 IPC 3 years' R.I. with fine of Rs. 1000/- with default stipulation to A-1 and A-3 for causing grievous hurt to Nanuram; Section 25 r/w 27 of the Arms Act two years' R.I. and fine of Rs, 1000/- with default stipulation to A-1 Champalal and A-4 Shobharam. Section 324 IPC six months' RI and fine of Rs. 500/- with default stipulation to A-l Champalal for causing simple hurt to Pappu. The sentences have been ordered to run concurrently. Against their convictions and sentences, the five appellants have appealed to this Court.

(2.) THE occurrence took place at about 9-10 pm on July 17th 1997 in the village Mitikhedi, a small village under Police Station Badnagar in District Ujjain.

(3.) DR. Shrivastava referred Ramchander to the District Hospital, Ujjain, but he died on his way to Ujjain from Badnagar. At Ujjain autopsy was performed by DR. C.S.Bhargava (PW1) and the post-mortem report is Ex.P.-2 wherein cause of death was shock due to grievous injuries. After completing investigation, Police filed charge sheet indicting twelve persons as mentioned above.