UDALSINGH @ GOVINDSINGH Vs. STATE OF M P

JUDGEMENT

(1.) In the instant case, eight accused persons namely Udalsingh @ Govindsingh, Gabbu @ Virendrasingh, Raju @Rajendrasingh, Mohansingh, Laxmansingh @ Munna, Devisingh @ Lallu, Indersingh and Dinesh @ Deenu were charged and prosecuted for commission of the offences punishable under Sections 148, 302 or 302/149 & 307/149 of IPC and under Sections 25 & 27 of the Arms Act, 1959. During pendency of trial accused No.8 Dinesh @ Deenu died and, therefore, his name was deleted. After trial, giving benefit of doubt, Laxmansingh @ Munna and Devisingh @ Lallu, accused Nos. 5 & 6 respectively were acquitted by the First Additional Sessions Judge, Indore in Sessions Trial No.475/97, vide judgment & order dated 7.8.2001.

(2.) The remaining five convicted accused persons have preferred this appeal against the judgment & order of their conviction, who are Udalsingh @ Govindsingh, Gabbu @ Virendrasingh, Raju @ Rajendrasingh, Mohansingh and Indersingh. During pendency of the appeal, appellant No.2 Gabbu @ Virendrasingh and appellant No.5 Indersingh died. Thus, the appeal in respect of these two accused persons stood abated. Now, in this appeal it is prayed before us to consider in the peculiar facts & circumstances of the case, whether the three surviving convicted appellants i.e., Udalsingh @ Govindsingh, Raju @ Rajendrasingh and Mohansingh deserve to be convicted and sentenced under Sections 148, 302/149 and 307/149 of IPC, who have been awarded sentence for one year RI each under Section 148 and to undergo life imprisonment each with fine of Rs.1,000/- under Section 302/149 of IPC; in default of fine to further undergo R.I. for six months and three years R.I. each with fine of Rs.500/- under Section 307/149 of IPC; in default of fine to undergo further R.I. for three months. All the sentences were to run concurrently.

(3.) The prosecution case in a nutshell is as under:- It is said, that on 12.8.97 at about 11.30 in the morning, Rajesh Joshi and Manoj Dhawan (PW1) were sitting in the house of Rajesh Joshi. At that time, an un-known person came to Rajesh Joshi and he was informed that he was called to the Municipal Corporation, Zonal Office at Subhash Nagar, Indore. Rajesh Joshi and Manoj Dhawan went to the Zonal Office on the scooter bearing registration No. MKI-4514. On reaching the Office they could not find anybody there. The distance between the house of Rajesh Joshi and Zonal Office is of about three minutes and while they were returning on the scooter, eight accused persons, who were already hiding there, came in front and stopped Rajesh Joshi, who was driving the scooter. They hurled abuses at Rajesh Joshi dragged him from the scooter and said that he was becoming a leader day by day and had demolished their shops and he would not permit to do and they would kill him and caused injuries to both of them. The allegation against them is that they formed an unlawful assembly with the common object of committing murder of Rajesh Joshi and attempt to murder of Manoj Dhawan (PW1) and in furtherance of the said common object they caused injuries to Rajesh Joshi by various weapons, resulting in his death and also caused injuries to Manoj Dhawan (PW1).