PRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) THESE appeals have been preferred by the appellants being aggrieved by the judgment dated 30/08/2001 passed by the Court of Shri Anil Kumar Shrivastava, 3rd Additional Sessions Judge, Ratlam in S.T. no. 124/2000, by which the appellants have been convicted under sections 302 & 323 of the IPC and sentenced them to undergo life imprisonment with fine of Rs.500/- each and one year rigorous imprisonment with fine of Rs.200/- each respectively.

(2.) ACCORDING to the prosecution story, on 19/07/2000, Prakash, nephew of Belji had gone to Mahi river for fishing and one fish came in his grip, which was snatched by accused Prakash S/o Badiya and his brother Kailash. Hence there had altercation on this point in between them. On 21/07/2000, when Prakash S/o Gautam went for bath at Mahi river, then accused Prakash and Kailash quarreled and assaulted him. Thereafter, accused Prakash returned to home. At about 4 pm, complainant Belji, his wife Ramibai, his brother Madan were working in the field, at that time, accused Prakash, Kailash and Bodar, from the side of village, came to the house of Gautam. Accused Kailash was having a lathi in the hand. They started beating Gautam and Prakash, hence complainant Belji along with his brother rushed to the house of Gautam and tried to pacify the matter and said that why they were quarreling for one fish. On this, accused Prakash and Bodar, with intention to kill, pelted stones on Belji and his brother. Accused Kailash assaulted by lathi on the head of Belji, which caused him bleeding injury. Thereafter, all the three accused persons chased them and assaulted by stones and wooden rod. They were crying for their safety. Belji being injured fell down on the earth and all the accused persons assaulted Madan by stones and lathi. When he fell down, they continued to assault him. When Hukya, Sohanbai, Torniya and other villagers came to save them, then all the accused persons ran away towards the village. Belji sustained injuries in the head, back side of both the ears, back side of the stomach and the legs. He was brought to hospital by villagers. Madan was lying on the spot in unconscious condition. The accused persons Prakash, Kailash and Bodar assaulted the complainant with intention to kill them. The report of this fact was lodged by Belji, which was registered as Dehati Nalish, on the basis of which, FIR at crime no. 65/2000 under section 307/34 of the IPC was registered. Madan was found dead, hence offence under section 302 of the IPC was added to it. After investigation, challan was filed and after trial, the appellants have been convicted and sentenced as mentioned herein above.

(3.) CONSIDERED the arguments and record of the trial Court perused.