AKRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal, the judgment passed by IInd Addl. Sessions Judge, Dewas in Sessions Trial No. 65/86 on 24-9-1991 thereby convicting the appellants for offences punishable under Sections 148, 302/149 and 307/149 of the Penal Code and sentencing each of them to suffer imprisonment for life and fine of Rs. 1,000/- and in default, Rigorous Imprisonment for six months under Section 302/149 of the Indian Penal Code, Rigorous Imprisonment for five years and fine of Rs. 250/- and in default, Rigorous Imprisonment for one month under Section 307/149 of the Penal Code and fine of Rs. 250/- and in default, Rigorous Imprisonment for one month under Section 148 of the Penal Code with a direction that a sum of Rs. 4,000/- shall be paid each as compensation to Raiyasa, widow of Basheerkhan and to Niyazan, widow of Bubukhan out of the fine so imposed, has been assailed.

(2.) Factual matrix lies in a narrow compass. The fields of the complainant party and the accused party are adjacent to each other, MEND (boundary) divides these fields. On 26-7-85, accused persons threw away the stones fixed on the field of the deceased Babu Khan, Babu Khan and his son Basheer Khan, resident of village Luhari, came to Dewas for lodging the report. At about 6.00 p.m., these along with another son Ishaq, were returning to their home. At that time, one girl Bibee rushed to the house of Manjeet Khan to inform that these three were beating one Munnan Khan who is alone. On this, threat was given and the accused attack on Babu Khan, who died on the spot and on Basheer Khan, who later succumbed to the injuries in hospital and on Ishaq Khan who was injured. One Raies informed the police which proceeded to the spot. Shama alias Bhuribai (PW-1) made the report which was recorded as Dehati Nalish (Ex.P/1). The postmortem was performed by Dr R. C. Mundra (PW-4) and Dr. R. C. Sharma (PW-5) whose reports are respectively Exs.P/2 and P3. Pursuant to disclosures under Section 27 of the Evidence Act, weapons were recovered and seized. The report from Chemical Examiner was obtained. Injury report of Basheer is Ex.P/21. Injury report of Ishaq is Ex.P/23. The accused Akram also sustained injuries. Injury report Ex.P/25. After investigation, challan against 17 persons was filed before the Chief Judicial Magistrate Dewas and against one minor Gani before the Juvenile Court for Trial. Charges under Sections 148, 302 and in the alternative under Section 302/149 of the Penal Code (as regards Babukhan) and 302 and in the alternative under Section 302/149 of the Penal Code (as regards Basheer) and 307 and in the alternative under Section 307/149 of the Penal Code (as regards Ishaq) were framed to which all the accused persons pleaded not guilty. On trial, the Court acquitted 11 accused persons of all the charges and convicted remaining six accused persons, who are appellants here, for the offences punishable under Sections 148, 302/149 and 307/149 of the Indian Penal Code and sentenced as noted above.

(3.) We have heard Shri J. P. Gupta, Senior Counsel for the appellants as also Shri G. S. Chauhan, learned Dy. Government Advocate for the State and have also perused the record.