MAHADEV ALIAS JHADHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of the common impugned judgment, this judgment shall govern the disposal of both the appeals.

(2.) Appellants have filed the above appeals challenging the judgment dated 22.01.2002 passed by Special Judge and Additional Sessions Judge, Shahdol in Sessions Trial No.161/2000 convicting them under sections 148 and 302/149 of the Indian Penal Code and sentencing them to rigorous imprisonment for 2 years and imprisonment for life with fine of Rs.1000/- on each count, respectively.

(3.) In short, the prosecution case is that in village Bargawan a Mahua tree was growing on the land of Manglu Gond, the deceased. Manglu Gond and his daughter Duasiya resided in a hut near the said tree. Accused/appellants used to collect Mahua from the said tree, but that was objected by deceased. A day before the incident, which occurred on 14.3.2000, when accused persons went to collect Mahua, Manglu made them to go away. Feeling aggrieved and annoyed, on 14.3.2000 at about 7:00 a.m. when they again reached there to collect Mahua, there occurred an altercation. Accused persons then assaulted Manglu with sticks, tangi and farsa, as a result of which Manglu sustained injuries and fell unconscious. It is said that accused persons tied his hands and legs with a rope and took him towards village. Sarpanch Ramdeen, Kotwar Lallaram (PW-2) and Duasiya (PW-6) carried Manglu to police station, Jaitpur where Manglu lodged report Ex.P/14. He was then sent to Primary Health Centre, Jaitpur for medical examination and treatment.