SITARAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against judgment dtd. 30.7.1987, whereby the Second Additional Sessions Judge, Shajapur, has convicted the appellants U/S 148, 307/149 and 302/149 and sentenced them to undergo rigorous imprisonment for two years u/s 148 I.P.C. Ten years U/S 307/149 I.P.C. with fine of Rs. 1000/- each or four months R.I. in lieu of payment of fine, and life imprisonment u/s 302/149 I.P.C. with fine of Rs. 1000/- each or to undergo four months R.I. in default of payment of fine.

(2.) Prosecution case, stated in brief was that on night intervening 24th and 25th March, J 986, the complainant Kachrushingh alongwith Devising had been to attend a fair of Badimata held at village Pancheti where they happened to meet Manguji (Mangusing) of village Pacheti, who complained about pelting of stones at his house and desired to resolve the problem he had with his uncle umaraosingh P.W. 3. Around midnight they came to village Kolia (also described as Kripalpur by some witnesses) and went to the house of Umaraosingh (P.W.3) the uncle of Kangusingh and had a Bidi smoke with him and also enquired as to what the problem was? Why this stone throwing? Chandarsingh also joined them. In the meanwhile the accused armed with sticks and farsis came there questioned the complainants as to who they were to hold a panchayat in their village and started assaulting them. Kacharu sustained number of injuries on his body, Devisingh also sustained an injury on his head as a result of which he fell unconscious to the ground. As some other residents of the village came there, the accused took to their heels. Kacharu lodged a report of this incident at Police Station, Kanada, where initially a case U/S 307 I.P.C. was registered. Devisingh who was Bhanja of umraosingh P.W. 3, was rushed to hospital, in a precarious condition where he Ultimately succumbed to his injuries a day after.

(3.) On complation of investigation the accused were charged and tried for the above offence.