CHANDER SINGH Vs. STTE OF MADHYA PRADESH

JUDGEMENT

(1.) The aforesaid four appeals arise out of the impugned judgment and order of conviction and sentence dated 14th August, 1998 rendered in Sessions Trial No. 81/1996 by the Additional Sessions Judge, Sironj District Vidisha (M.P.). Since the judgment and order challenged in these criminal appeals is one, all the appeals are herewith taken up together for disposal.

(2.) The appellants herein stood their trial on the charges levelled against them before the learned Additional Sessions Judge and they were convicted and sentenced as following :-

(3.) Facts in short as came out from the evidence led before the trial Court which are just necessary for the disposal of the appeals are that on 11th July, 1995 at around 1 o'clock at the agricultural field known as Roopawalal Donga, which was purchased by the complainant side prior to one year ago from Roopa Banjara, when complainant Khushidas accompanied with his four other brothers, namely, Khumandas, Uttamdas, Radhedas and Narayandas went to the said place on a tractor to plough the field, at that juncture, accused twenty in number having lathis, farsas and 12 bore guns came there. They restrained them from cultivating the land. It is stated that the accused party were in possession of the land in dispute. The mutation proceeding was pending before the Revenue Courts. The Criminal Proceedings under Section 145 of Cr. PC. were also pending before the Court of Executive Magistrate. During causing interruption in their cultivation, all the accused attacked on the complainant party with lathis, farsas and gun and caused injuries to Khushidas, Khumandas, Uttamdas, Radhedas, Narayandas. Resul-tantly Khumandas, Radhedas and Uttamdas succumbed to death on the spot itself. Tractor of the informant was badly damaged by the accused. Khushidas (P.W. 1) informed orally on the spot to the police party of the police station Murwas which was on a regular patrolling duty headed by a Head Constable Banwarilal (P.W. 13). He recorded Dehati Nalish on the spot marked as Ex. P/43 and forwarded the same to the police station for registration of the crime. On receipt of the report, Indraj Singh, In-charge of the Police Station Murwas wrote the FIR (Ex. P/47) and also lodged Marg Intimation Report (Ex. P/ 48). Thereafter he proceeded to the spot in village Tokara. He shifted the injured for medical examination and treatment to Primary Health Centre, Sironj. The dead bodies were sent for post-mortem. He also seized the articles relating to crime and prepared spot map. During investigation, he recorded case diary statements of the witnesses, arrested the accused and seized the weapons used in the crime from their possession. After investigation, the charge-sheet was filed before the criminal Court. On committal, the trial was commenced. The learned trial Judge after recording and appreciating the evidence of the prosecution and defence convicted and sentenced the accused-appellants as mentioned above, hence, the appeals.