POHAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 25.6.2004 passed by Additional Sessions Judge, Gadarwara, District Narsinghpur in S.T. No.90/2003 convicting and sentencing appellants as follows: Conviction Sentence U/s 148 IPC R.I. for one year and fine of Rs.500/- each. U/s 302/149 IPC for committing murders of Tejram S/o Mansaram, aged 50 years and Mahendra S/o Ajab Singh, aged 20 years Rigorous Imprisonment for life on two counts and with fine of Rs.1,000/- each. U/s 323/149 IPC for causing injuries to Phool Singh S/o Tejram (PW/2) & Durjan Singh S/o Ramratan (PW/3). Sentence of 300/- fine on two counts.

(2.) Facts of the case, in short, are that on 1.12.2002 at about 7:00 a.m. Mahendra (hereinafter referred to as 'deceased No.1') and Tejram (hereinafter referred to as 'deceased No.2') alongwith Phool Singh (PW/2) and Durjan Singh (PW/3) who were carrying husk in two bullock carts from the field of one Kubbada Maharaj reached near the feild of the appellants. Appellants objected saying that they will not allow them to take bullock carts from their field. Deceased No.2 insisted to let them go as there was a passage. Appellant no.2 abused and started assaulting deceased No.2 with Gadasi, as a result of which, deceased No.2 fell on the ground and got unconscious. While deceased No.1 and PW/2 and PW/3 tried to intervene, appellants caused injuries to them also. Appellant No.3 was armed with farsa and appellant No.4 was armed with Bhala and remaining appellants were armed with lathis; they jointly assaulted the deceased No.1, deceased No.2 and caused injuries to PW/2 and PW/3 also.

(3.) On hearing shrieks, Ajab Singh (PW/1), Shankar (PW/4) and Lokman and Paras reached at the spot. Appellants fled away from the place. Deceased No.1 died at the spot and deceased No.2 died on way to hospital. Ajab Singh (PW/1) reached at the Police Station, Gadarwara and lodged FIR Ex. P/1 pursuant to which a case at Crime