VIRENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal arises out of conviction of the appellants Deependra Singh, Yogendra Singh and deceased appellant Narayan Singh for offence punishable under section 307/149, IPC sentenced to RI for 3 years with fine of Rs. 1,000/ -, in default RI for 4 months. Appellants Virendra Singh and Ajeet Singh for offence punishable under section 307/149 of IPC sentenced to RI for 7 years with fine of Rs. 1,000/ -, in default RI for 4 months. Appellants Rajendra Singh and Shivnath Singh for offence punishable under section 307/149 of IPC sentenced to RI for 5.years with fine of Rs. 1,000/ -, in default RI for 4 months.

(2.) OUT of 7 appellants, appellant Narayan Singh has expired during pendency of this appeal on 16.12.1996, therefore, his name has been deleted from the memo of appeal.

(3.) WHEN PW 3 Rajendra Singh and PW 5 Kai lash Babu after enjoying dinner returning back to their houses, reached at about 9.30 p.m. in front of the house of appellants, all the appellants suddenly emerged with their dangerous weapons like sword, Farsi, Lohangi, lathi, etc. and surrounded Rajendra Singh and Kailash. Thereafter, appellants Virendra Singh and Ajeet Singh abusing Rajendra Singh, commented about compromise for the previous dispute and thereafter, appellants assaulted Rajendra Singh and Kailash. PW 2 Lakhan Singh and PW 8 Juzhar Singh were returning to their houses after taking dinner, they reached on the spot after hearing cry of Rajendra Singh, and witnessed the incident of assault upon Rajendra Singh by the appellants after forming unlawful assembly. Because of assault Rajendra Singh fell on the ground thereafter, the appellants had flown away from the place of incident.