RAM SEWAK Vs. STATE OF M.P.

JUDGEMENT

(1.) By this common judgment, Cr.A. No.235 of 2010 and 373 of 2010 shall be decided. Appellants Ramsewak, Lal Singh, Ajmer and Hardaul have filed Cr.A. No.235 of 2010 whereas Ramgopal, Ram Singh, Rambahadur, Ramprakash, and Akhilesh have filed Cr.A. No. 373 of 2010.

(2.) Criminal Appeals No. 235 of 2010 and 373 of 2010 arise out of judgment and sentence dated 8-3-2010 passed by VIth Additional Sessions Judge (Fast Track Court), Lahar, Distt. Bhind in S.T. No. 5/2008, by which the appellants Ramsewak, Ramgopal, Rambahadur, Ajmer and Hardaul have been convicted for offence under Sections 148, 302/149 of I.P.C. for murder of Rameshwar, 302/149 of I.P.C. for murder of Mungaram, 307/149 of I.P.C. for attempt to murder Kamlesh, 307/149 of I.P.C. for attempt to murder Buddhe and 323/149 of I.P.C. for causing simple injuries to Suraj and have been sentenced to undergo the Rigorous Imprisonment of One year R.I. for offence under Section 148, Life Imprisonment and fine of Rs. 5000 in default 1 year R.I., for offence under Section 302 of I.P.C. on two counts (for murder of Rameshwar and Mungaram), 7 years R.I. and fine of Rs. 2500 in default 6 months R.I. For offence under Section 307 of I.P.C., on two counts ( for making an attempt to kill Kamlesh and Buddhe) and Six months S.I. for causing simple injuries to Suraj. Whereas Ram Singh has been convicted under Sections 148 of I.P.C., 302/149 of I.P.C. for causing murder of Rameshwar, 302 of I.P.C. for causing murder of Mungaram, 307/149 of I.P.C. on two counts (for attempt to kill Kamlesh and Buddhe), 323/149 for causing simple injuries to Suraj and sentenced to undergo the Rigorous Imprisonment of One year R.I. for offence under Section 148, Life Imprisonment and fine of Rs. 5000 in default 1 year R.I. For offence under Section 302/149 of I.P.C. (for murder of Rameshwar), Life Imprisonment and fine of Rs. 5000 in default 1 year R.I. for offence under Section 302 of I.P.C. ( for murder of Mungaram), 7 years R.I. and fine of Rs. 2500 in default 6 months R.I. on two counts (for making an attempt to kill Kamlesh and Buddhe) and Six months S.I. for causing injuries to Suraj. Lal Singh and Rampakash have been convicted under Sections 148 of I.P.C., 302 of I.P.C. for causing murder of Rameshwar, 302/149 of I.P.C. for causing murder of Mungaram, 307/149 of I.P.C. on two counts (for attempt to kill Kamlesh and Buddhe), 323/149 for causing simple injuries to Suraj and sentenced to undergo the Rigorous Imprisonment of One year R.I. for offence under Section 148, Life Imprisonment and fine of Rs. 5000 in default 1 year R.I. for offence under Section 302 of I.P.C. for murder of Rameshwar, Life Imprisonment and fine of Rs. 5000 in default 1 year R.I. for offence under Section 302/149 of I.P.C. (for murder of Mungaram), 7 years R.I. and fine of Rs. 2500 in default 6 months R.I. On two counts (for making an attempt to kill Kamlesh and Buddhe), and Six months S.I. for causing injuries to Suraj. Akhilesh has been convicted for offence under Sections 148, 302/149 of I.P.C. for murder of Rameshwar and Mungaram, 307 of I.P.C. on two counts (for attempt to kill Kamlesh and Buddhe), and 323/149 of I.P.C. for causing simple injuries to Suraj and has been sentenced to undergo the Rigorous Imprisonment of One year R.I. for offence under Section 148, Life Imprisonment and fine of Rs. 5000 in default 1 year R.I., on two counts (for murder of Rameshwar and Mungaram), 7 years R.I. and fine of Rs. 2500 in default 6 months R.I., on two counts (for making an attempt to kill Kamlesh and Buddhe) and Six months S.I. for causing simple injuries to Suraj.

(3.) The prosecution story in short is that on 28-8-2007, at about 7:30, the injured Buddhe and Kamlesh were returning back after tying Bhujaria (Paddy ear). [According to the Counsel for the appellants, Bhujarias are tied after the Rakhi festival, and the person tying Bhujaria tenders his apology for his misdeeds]. The appellants Akhilesh with axe, Prakash with Ballam, Pawan with Lathi, Lal Singh with Lathi, Ram Singh with axe, Ramsewa with Lathi, Ajmer with Lathi Bahadur with lathi, Ramgopal with lathi and Hardaul with lathi were standing near the platform of the house of Ramsewa, and challenged that they would not allow to tie Bhujarias and started abusing. Mungaram, Ramesh, Suraj also came on the spot after hearing noise. The appellants started assaulting the injured and deceased persons. Akhilesh assaulted by means of axe causing injury to the complainant Buddhe on his head, and also caused injuries to Kamlesh and Rameshwar. Ram Singh gave an axe blow to Buddhe, Suraj suffered injury on his hand. Mungaram had suffered injuries on his both hands. Prakash assaulted by Ballam causing injury on the forehead of Mungaram. Lal Singh assaulted on the forehead of Rameshwar by means of Barchhi. Pawan, Ramsewa, Ajmer, Bahadur, Ramgopal and Hardaul assaulted the injured and the deceased by lathis. The incident was witnessed by Ram Singh and Janak Singh. It was also alleged that last year, a fight had taken place with the accused party, therefore, there is an enmity. It was further alleged that Mungaram died after some time, whereas Rameshwar has died on his way to the police station. On the above mentioned information, the police registered the F.I.R. for offence under Sections 147,148, 149, 302 and 307 of I.P.C.