RAKESH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the Judgment and Sentence dated 25-6-2004 passed by Add. Sessions Judge, Karera, Distt. Shivpuri in S.T. No. 265/2001, by which the appellants have been convicted and sentenced as under :

(2.) The Appellant No. 3 was in jail. A report has been received from Central Jail, Gwalior, that the appellant no. 3 Gudda has expired on 30-6-2016. Accordingly, his appeal was dismissed as abated.

(3.) According to the prosecution story, the injured/deceased, Lakhan, lodged a F.I.R. on 18-7-2001 at 14:15, on the allegations that he is an agriculturist by profession. At about 9-10 A.M., he was grazing his cattle in the field. His wife Pista was also accompanying him. Santosh Gurjar and Nawab Gurjar, who are the sons of Govind Singh Gurjar and Dhirendra Singh, son of Kamal Singh Gurjar came there and asked the injured/deceased to compromise an old matter. When the injured/deceased refused to do so, then all of them went away by threatening that now they will teach a lesson to the injured/deceased. After some time, Santosh Gurjar, Nawab Gurjar, Dhirendra Gurjar along with Rakesh Khangar, Gudda Khangar, Raju Khangar, Shivraj Khangar, Santu Khangar, Rameshwar Raikwar came there and exhorted that the injured/deceased be killed. On the exhortation of Santosh, Shivraj, Raju, Santu and Rameshwar caught hold of his hands and legs and threw him and Rakesh gave a Farsa blow on the head of the injured/deceased,which landed on left side of his forehead. Blood started coming out. On exhortation of Dhirendra Gurjar, Gudda assaulted the injured by Luhangi causing injury on his back. Another Luhangi blow was given on his back and buttocks. Nawab Gurjar exhorted that one leg of the injured/deceased be chopped off, and accordingly, Rakesh gave another Farsa blow on his left leg as a result his left leg below the knee got amputated and is now connected with skin. Santu, Shivraj, Raju and Rameshwar started dragging him. His wife Pista, and Ashok tried to save him but they were also threatened by them that in case if any body comes to rescue the injured/deceased, then he will not be spared. Thereafter, they all ran away as they thought that injured/deceased has died. Thereafter, Ashok Khangar, his wife Pista, Ram Singh Khangar, Malkhan and Raghuvar have brought the injured/deceased to the Police Station.