RAMBABU Vs. STATE OF M. P.

JUDGEMENT

(1.) Cr.A. No. 724 of 2010 has been filed by Rambabu, Pola @ Jainarayan and Kailash, Cr.A. No. 764 of 2010 has been filed by Halkai and Rakesh, and Cr.A. No. 770 of 2010 has been filed by Atmaram, Batol @ Makhanlal, Pappu @ Sitaram, Sanjeev, Mahesh, Rajesh and Dinesh. The Appellants Raju and Jagmohan have died during the pendency of the appeal and therefore, their appeals have already been dismissed as abated.

(2.) All the three appeals have been filed under Sec. 374 of Cr.P.C. against the Judgment and Sentence dated 31st Aug. 2010 passed by 1st Additional Judge to the Court of Additional Sessions Judge, Sironj, Distt. Vidisha in S.T. No. 167 of 2005, by which the Appellants have been convicted under Sec. 148,302/149 of I.P.C. and have been sentenced to undergo 1 year R.I. for offence under Sec. 148 of IPC and for Life Imprisonment and a fine of Rs.5000.00 with default imprisonment of 3 months R.I. for offence under Sec. 302/149 of IPC.

(3.) The prosecution story in short is that on 13/6/2005 at about 18:30, the complainant Datar Singh lodged a Dehati Nalishi alleging that in the afternoon, Babulal Sharma was beaten on account of old enmity and therefore, they had gone to Police Station. Since, buses were not plying therefore, they were going on motor cycles to Sironj Hospital along with Babulal for his medical examination. When they crossed village Chadholi and reached in front of Govt. park, the accused persons namely Atmaram, Mahesh, Pappu, Sanjeev, Kailash, Rakesh, Rambabu, Dinesh, Batol, Jagmohan, Raju, Pola all armed with sword and knives came on three motor cycles and waylaid them. Atmaram assaulted Babulal by knife in his stomach and thereafter, all started assaulting the deceased. The accused persons also chased and Mahesh and hurled a knife at him, but it did not hit him. At that time, Mukesh, Rajkumar, Suresh also came there and all the accused persons ran away. On this Dehati Nalishi, FIR was lodged.