CHANDERSINGH Vs. STATE OF M P

JUDGEMENT

(1.) ABOVE named appellants, eight in number have preferred this appeal against the judgment dated 15-3-1994 rendered by First Addl. Sessions Judge, Ratlam in Sessions Trial No. 7/91, thereby finding appellants Chandersingh, Phundasingh, Juwarsingh and Nathusingh guilty of the offence punishable under Sections 147, 302/149, 324 and 323/149 of the Indian Penal Code, sentenced them each to undergo R. I. for two years under Section 147, imprisonment for life with fine Rs. 1,000/-, in default of payment of fine to suffer additional R. I. for one year under Section 302/149, R. I. for two years under Section 324 and R. I. for six months under Section 324/149 of the Indian Penal Code. He, finding appellants Madansingh, Shambhusingh and Ramsingh guilty for the offence under Sections 147, 302/149, 323 and 324/149 of the Indian Penal Code, sentenced them each to suffer R. I. for two years under Section 147, imprisonment for life with fine of Rs. 1000/-, in default of payment of fine to suffer R. I. for one year under Section 324/149, R. I. for six months under Section 323 and R. I. for one year under Section 324/149 of the Indian Penal Code. He further finding the appellants Lalsingh guilty of the offence under Sections 147, 302/149, 323/149 and 324/149 of the Indian Penal Code, sentenced him to two years' R. I. , imprisonment for life with fine of Rs. 1,000/-, in default of payment of fine to suffer R. I. for one year, six months R. I. and one year's R. I. respectively. All the substantive sentences have been directed to run concurrently.

(2.) THE prosecution case as unfolded before the Trial Court was that on 18-5-90 at 5. 00 - 5. 30 PM, Berisal (P. W. 9) was proceeding towards temple. At that time, his son (deceased) Mangusingh was at the Bus Stand, Chandersingh reached there and told Mangusingh as to why did he took meals on the eve of vow (MAAN) of Harisingh's son. On this point, some hot talks were exchanged between them and appellants Chandersingh and Phundasingh started beating Mangusingh by lathi. Chandersingh intlicted a lathi-blow which landed on the head of Mangusingh. On calling by Chandersingh and Phundasingh, remaining accused persons also came there armed with Lathi, Dharia, Bangadi, Haliya and stones and started beating Mangusingh and Berisal. Mangusingh after sustaining lathi-injury, fell down on the ground and became unconscious. Accused Lalsingh also had come on the spot with a gun and told that if anybody dared to come there, he would finish him. Juwarsingh hit Berisal by stone which struck below his eye-lid and fell down unconscious on the ground. Bancsingh (P. W. 7), Kamalsingh (P. W. 12), Kalusingh also witnessed the incident. They took Mangusingh and Berisal to the police station. Dcvisingh (P. W. 4) lodged the report which was reduced in writing by Sub-Inspector Rajendrasingh Ranawat (P. W. 13) as Ex. P-14. The injured were sent to hospital for examination and treatment. On 19-5-90, Mangusingh breathed his last at Jaora Hospital. His post-mortem report is Ex. P-18. Injury reports of Mangusingh, Berisal, Devisingh and Kishorsingh are Exs. P-6, P-7, P-8 and P-9. According to the post-mortem report, the deceased died due to haemorrhage and shock because of the injuries.

(3.) AFTER usual investigation, the appellants were charge-sheeted. They abjured their guilt. After trial, the appellants were found guilty and were convicted accordingly and sentenced as stated hereinabove.