DEVILAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of the judgment dated 14.5.1986, passed by the AddI. Sessions Judge, Garoth (Mandsaur), in Sessions Trial No. 77 of 1986, convicting the appellants under Sections 302/149 and 307/149, IPC and sentencing them to undergo imprisonment for life and rigorous imprisonment for three years respectively. Both the sentences to run concurrently. By the same judgment the learned Judge of trial Court acquitted the co-accused Pooralal s/c Devilal, Bharuji sb Deviial and Ramchandra Chander sb Nanda Gujar. There is no State appeal against their acquittal.

(2.) Prosecution case against the above named five persons was that they formed an unlawful assembly with the common object of committing murder of Mansingh and attempting at the life of Jalamsingh (P.W. 7) and Pratapsingh (P.W.1), at 8.00 p.m. on 31.12.1985, in the complainants field, in village Bhesonda. The appellants Devital and Kalu are brothers. Pratapsingh (P.W. 1), Bansinghand Gokulsingh (P.W. 6) are also brothers and sons of deceased Mansingh. Jalamsingh (P.W. 7) is their Gwala and Parwatsingh (P.W. 3) is his brother. This relating of witnesses inter se would help appreciating their evidence.

(3.) Coming to the prosecution case as such, it is an admitted position that there was an old dispute between Pratap singh (P.W. 1) and Devilal over Medh of their fields. According to complainants, Devilal had occupied two cubits of land belonging to complainants. A Babul tree stood on this Medh, which was claimed by Pratap singh as well as Devilal. It was over this dispute that Marpit took place (See Dehati Nalish-Ex. P/i). As per report, Ex. P/i, Pratapsingh (P.W. 1) his father Mansingh, their Gwala Jalamsingh and his brother Parwatsingh (P.W. 3) had gone to the field for cutting the Babul tree. Lalsingh was having a shovel and Parwatsingh had an axe with him, while Mansingh had a Danda (a thick stick). It was Pratapsingh, who started cutting the Babul tree. It was almost half cut, when the appellants along with co-accused (since acquitted) are alleged to have come armed with Farsi, Lathis. Devilal gave a Farsi blow to Mansingh, who fell to the ground. He was hit on his head. Another blow was given by him to Pratapsingh, who also fell unconscious. Jalamsingh was also attacked. Parwatsingh managed to escape. Pratapsingh came limping and reported the incident to one Nanuram, who brought him home. His brother Banesingh and others went to the field. They brought Mansingh and Jalamsingh. Man singh was dead.