NARBAD AHIRWAR Vs. STATE OF M.P

JUDGEMENT

(1.) The appellants have filed these appeals being aggrieved by the judgment and order dtd. 12/4/2006 passed in Sessions Trial No.394/2004 by the learned Additional Sessions Judge, Khurai Distt. Sagar (M.P.) whereby each appellant has been convicted for the offence punishable under Ss. 302/149 of the Indian Penal Code (three counts) for committing the murder of Shribai, Ram Singh and Pratham Singh and sentenced to undergo life imprisonment and a fine of Rs.1,000.00(three counts), failing to pay fine, additional rigorous imprisonment for one year and also committing the offence under Sec. 148 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 1 year and a fine of Rs.500.00, in default of payment of fine, to undergo further six months additional imprisonment.

(2.) As per letter dtd. 25/8/2021, the Office Of SHO, Khurai District Sagar and postmortem report dtd. 09/09/2019 it appears that appellant no.1 Narbad Ahirwar S/o Ganesh Ahirwar (Criminal Appeal No.763/2006) and appellant no.2 Kammod Ahirwar S/o Munna Ahirwar (Criminal Appeal No.899/2006) have died during the pendency of appeals on 24/10/2014 and 09/9/2019 respectively. Therefore, these appeals so far it relate to appellant no.1 Narbad Ahirwar S/o Ganesh Ahirwar and appellant no.2 Kammod Ahirwar S/o Munna Ahirwar, stand abated.

(3.) The prosecution case in nutshell is that a civil case regarding the Patta of a piece of land was running between deceased Ram Singh and the accused persons/appellants at Tehsil Court, Khurai. Deceased Shribai was the mother and deceased Pratham Singh was the father of Ram Singh. On 30/06/2004 Ram Singh was returning home after attending the court hearing of the said civil case. The complainant Janki (PW-1) along with her family members was sitting in front of their house and waiting for Ram Singh to come home. At about 9:30 PM the complainant saw her brother coming towards their house. At that very moment accused Veer Singh came and hit Ram Singh with an axe on his neck. Co-accused Bhuvani Singh also gave a blow of axe over Ram Singh's chest. When Ram Singh raised an alarm, his parents Shribai and Pratham Singh rushed to rescue him. Immediately thereafter other accused persons armed with axes and lathis arrived and started hitting Shri Bai, Pratham Singh and Ram Singh. With the blows of lathis and axes injured Ram Singh, Shri Bai and Pratham Singh fell down dead on the spot.