RAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal preferred against the judgment dated 29-4-2002 passed by the Addl. Sessions Judge, Agar, District Shajapur in Sessions Trial No. 74/92 whereby he has convicted the appellant No. 1 Ramlal and No. 7 Ramesh for the offence under Section 148 of the Indian Penal Code and sentenced them each to undergo R. I. for three months, appellants No. 2 Bhanwarlal, No. 3 shivlal, No. 4 Lalsingh, No. 5 Bhagwansingh and No. 6 Nirbhaysingh under section 147, IPC and sentenced them each to undergo R. I. for three months, appellant No. 1 Ramlal under Section 302, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to suffer s. I. for one year and further appellants Bhanwarlal, Shivlal, Lalsingh, Bhagwansingh and Ramesh under Section 302 read with Section 149 of the IPC and sentenced them each to imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to suffer R. I. for one year. The substantive sentences have been directed to run concurrently.

(2.) BRIEFLY stated the prosecution case as unfolded before the Trial court was that on 10-12-91 at 8. 00 P. M. the complainant (deceased) Gangaram was going to the house of Bapulal for some welding purposes. On account of old enmity, the appellant No. 1 Ramlal s/o Mangilal stabbed him in his abdomen and appellant No. 7 Ramesh also dealt a blow by knife at his stomach. The complainant started bleeding. Other appellants Bhanwarlal, nirbhaysingh, Shivlal, Lalsingh and Bhagwansingh caught hold of him and surrounded and said that he be done to death. At that time, Narayansingh and gokulsingh happened there and intervened on which the appellants fled away from the scene of occurrence. They took Gangaram at Badagaon Police chowki where Gangaram lodged the report (Ex. P-16) at 8. 20 P. M. . Thereafter, Police Nalkheda which was having jurisdiction over the crime, registered the FIR (Ex. P-17) on the basis of the report (Ex. P-16 ). The injured Gangaram was sent to Shajapur hospital where from he was referred to MYH, Indore where he breathed his last.

(3.) AFTER performing usual investigation, the appellants were charge-sheeted and the learned Trial Court after trial and hearing both the parties convicted and sentenced the appellants as mentioned hereinabove.