MONGA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30/7/1985 passed by the Second Additional Sessions Judge, Ujjain in ST No. 88/85 thereby convicting the appellant Govind under section 302/3 I.P.C. and sentencing each of the appellant to suffer imprisonment for life. Appellant Mangu has also been convicted under section 325 I.P.C and sentenced to suffer rigorous imprisonment for two years-and appellant Tolaram has also been convicted under section 323 I.P.C. and sentenced to suffer RI for three months with a direction that all sentences shall run concurrently.

(2.) Briefly stated the facts of the case at the trial were that on 2/3/1985 at about 8.00 or 8.30 A.M. Mangu S/o Laxman (P.W. 3), Daryavbai (P.W. 4) and their son Rameshwar (deceased) were doing the work in their KHALA. Kanhaiyalal (P.W. 7) was grazing the cattle some 20 to 25 feet away from this KHALA. The younger brother of the appellant Govind aged 6 years came near the KHALA to answer the natural call. Rameshwar asked him not to do so and on that he went away. Thereafter, appellant Mangu S/o Rugga armed with lathi came on the KHALA and abused the mother of the deceased. He demanded to know as to why his son was asked to go away; Appellant mangu was followed by his son appellant Govind armed with an axe. The other accused persons also reached the KHALA. Mangu S/o Rugga were armed with lathies. Govind assaulted Raneshwar by an axe. The other accused persons also assaulted with axe and lathies. Mangu (P.W. 3) and Daeryabi (P.W. 4) attempted to intervene to save Rameshwar but they too were assaulted. On hearing shrieks, Geetabai (P.W. 5) and Surajbai (P.W. 6) also reached the KHALA. They also shouted and on this the accused persons filed away. Kanhaiyalala and Surajbai brought to the spot Mohan, Shankar and Hariram (not-examined in this case). The deceased had become unconscious. Deceased Ramkeshwar was taken to Police Station I a bullock cart but he died near the police station. Mangu (P.W. 3) lodged F.I.R. at the police station, marked in this case as Exh. P17. Dr. Ratan singh John (P.W. 1) examined the injuries sustained by mangu Sb Laxman,. Injury report is Exh. P/i. He also examined the injuries sustained by Daryavbai. Injury report is Exh. P/2. The post mortem was conducted by Dr. Surendra Dubey (P.W. 2). The post mortem report is Exh. P/4. The alleged weapons were seized in pursuance to the information furnished under section 27 of the Evidence Act. Certain other articles were also seized and submitted for the examination by the State Forensic Science laboratory, Sagar. The report is Exh. P/35. The X-ray report to Daryavbai is Exh. P/36 and the x-ray plate was marked as Exh. P/37 showing the fracture in the right index finger. Spot map was drawn which is marked in this case as Exh. P/8.

(3.) After completion of investigation, challan was filed in the Court. The appellants as also accused Mangu Sb Ruggaji, Ambaram and Dewa (since acquitted by the trial Court) were charged for offences punishable under section 147, 302, 302, 149, 323, 325, both read with section 149 I.P.C to which they pleaded not guilty. On trial they were convicted and sentenced as above.