LAKHANLAL 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 30-10-2009 passed by Sessions Judge, Datia in S.T. No.30/2009, by which the appellants have been convicted and sentenced for the following offences : Conviction under Section Sentence 302/34 of I.P.C. Life Imprisonment and fine of Rs.2000/- with default imprisonment of 3 months S.I.

(2.) The prosecution story in short is that on 27-10-2008, the complainant Jitendra Singh Lodhi along with his injured father Siyasharan Lodhi and Jaivendra lodged a report that at about 7:00 A.M., his father was sitting inside the house. The complainant was also in the house. At that time, the appellants came there and they were having Axe, Sickle and on account of old enmity, started abusing his father. Lakhanlal assaulted him by axe on his head, Manvendra also assaulted him by axe on the right side of his head, Nirbhay also assaulted by axe causing injury on the front side of his head and Mithlesh assaulted by sickle causing injury on the back side of his waist. When the complainant tried to intervene, then Nirbhay assaulted him by axe, thereby causing injury on right side of his head. All the appellants also assaulted his father and the complainant by fists and blows. They were saved by Neksiya Pal, Moolchand and Jaivendra. Jaivendra also sustained injuries. While fleeing away, the appellants also extended a threat that in case, report is lodged, then they would be killed.

(3.) On the basis of complaint, the police registered the F.I.R. The complainant Jitendra, Jaivendra and the injured Siyasharan were sent for medical examination. The dying declaration of Siyasharan was recorded by Naib Tahsildar. Siyasharan died during his treatment. The statements of the witnesses were recorded. Axe were seized from Lakhanlal, Manvendra and Nirbhay. The police after completing the investigation, filed charge sheet against the appellants for offence under Sections 302, 307, 324, 452, 294, 506B, 34 of I.P.C.