MONA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellants under Section 374 of Code of Criminal Procedure, 1973 against the judgment of conviction and sentence dated 02.07.2008 passed by the Second Additional Sessions Judge (Fast Track Court), Kukshi, District - Dhar (MP) in Session Trial No.234/2007, whereby they have been convicted and sentenced as under:-

(2.) The facts of the case in nutshell are that on 19.06.2007, the complainant Khumsingh had lodged a complaint in Police-Station - Kukshi, District - Dhar (MP) alleging that at about 10:00 am, when he along with his brother and father (deceased Sekadia) had gone to plough the Government land which is in possession of his niece Surajbai, his uncle accused/appellant Mona along with his sons namely; Kalu and Virendra (appellants) came armed with sticks and Axe on the field and insisted that now they will plough the said land. Khumsingh, however, continued to plough the field, consequent to which his father was assaulted with sticks by appellants Mona and Kalu and appellant Virendra had assaulted him with Axe. Khumsingh and his brother namely; Rumal came running to save his father, but the accused continued their assault and thereafter they fled from the spot. The father (Sekadia) died on the spot and later on, the relatives of deceased had arrived at the spot. Report was lodged after the brother of Khumsingh namely; Jaymal came from Kukshi. FIR was lodged at Crime No.55/07 and investigation ensued. The dead body's panchayatnama was executed and spot map was also prepared. The body was sent to postmortem and Patwari drew the trace map. Thereafter, all the accused persons were arrested and on the basis of their memorandum, axe and sticks were seized. The seized items were sent to FSL examination and after completion of investigation, charge-sheet was filed in the matter.

(3.) After committal of proceedings, the matter was sent to Second Additional Sessions Judge (FTC) for trial. Thereafter charges were framed against all the accused persons under Section 302/34 of IPC. They abjured their guilt and claimed to be falsely implicated in the aforesaid offence.