BAPU ALIAS BAPULAL Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 22-2-2003 passed by learned Second Additional Sessions Judge, Ujjain in Sessions Trial No. 340/2002 convicting the appellants under Sections 148,302/149 and 323/ 149, IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, the appellants have knocked the doors of this Court by preferring this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of the prosecution is that on 3-7-2002 in Village Maniyawada, Mangilal (hereinafter referred to as "the deceased") along with his sons Bharat and Jitendra and wife Ramubai were repairing the Merh (mound) of his field. At that juncture, appellants Pema and Chander arrived there and started hurling abuses to the deceased. They also intervened in repairing the mound and told that if me deceased would repair the mound he will be killed. It is also said that when the deceased asked not to hurl the abuses, after near about 20 minutes appellants arrived there carrying lathi and dhariya etc. and on seeing them coming with lethal weapons the deceased along with his wife and children went away, however, when these persons reached nearby the field of Gordhan, at that juncture, all the appellants encircled them. It is said that Pema dealt lathi blows on the head of the deceased and when his wife Ramubai went to rescue her husband she was beaten by appellant Chander. It is said that when Jitendra went to rescue his father and the mother, Chander again dealt lathi blow to him also and when Bharat intervened, it is said that Chander and Kailash rushed to cause injury to him. It is also said that appellants Bapulal and Ambaram also wielded lathis on the head of the deceased. On account of receiving injuries by the deceased he fell on he ground and he was picked up by his sons Jitendra and Bharat and brought the deceased in the village where entire episode was narrated to one Bhagwan Singh Patel and told that they are going to lodge the report. However, on the way nearby the filed of Bharatsingh deceased fell down and breathed his last.

(3.) ON lodging of Dehati Nalishi the criminal law was triggered and set in motion. The Investigating Agency sent the injured persons and also the deceased to the hospital; prepared the spot map; recorded the statements of the witnesses; after the death of the deceased sent his dead body for post-mortem etc.