PANCHAM Vs. STATE OF M.P.

JUDGEMENT

(1.) By this Common Judgment, Cr.A. No. 225/2009, Cr.A. No. 247/2009 and Cr.A. No.253/2009 shall be decided.

(2.) These Criminal Appeals have been filed against the judgment and sentence dated 7-3-2009 passed by 1 st Additional Sessions Judge, Dabra, Distt. Gwalior in Sessions Trial No.380/2007, and convicted and sentenced the appellants for the following offences :

(3.) According to the prosecution case, the complainant Ashok Singh Rawat, lodged a F.I.R. on 11-8-2007 at 7:15 A.M., on the allegations that he is the resident of village Baraua. Yesterday he and his brother Bharat Singh (Deceased) had gone to the house of Laxman Singh to attend 13 th day rituals. After having their meals, they went to their fields for irrigating the crop of paddy and his brother was sleeping on the cot. The field of Gabbar is adjoining to their field. He saw that Albel with axe, Gabbar Singh with Ballam, Amar Singh (died during the pendency of this appeal and his appeal has been dismissed as abated) with lathi, Pancham Singh with lathi, and Kamal Kishore with axe came there. He saw in the light of the bulb that Amar Singh and Pancham Singh pressed the neck of his brother Bharat Singh by a lathi, Albel assaulted him by axe, Gabbar assaulted him by ballam and Kamal Kishore assaulted him by axe. His brother had shouted. It was around 12-1:00 P.M. As the complainant got frightened and therefore hide himself. After the sunrise, he went to his house and informed his family members about the incident. Thereafter they came back to the field, then they noticed that blood was there on the cot and there were trails of blood in front of the Madaiya (eMb;k) and the dead body of his brother was lying in the well. All the accused persons have killed his brother on the property dispute.