PRABHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants, eleven in number, have preferred this appeal against the judgment dated 27-10-1994 rendered by the learned Addl. Sessions Judge, Jaora District Ratlam in Sessions Trial No. 127/1993 thereby convicting the appellants for the offences punishable under Sections 148, 450 and 302 read with Section 149 of the IPC and sentencing them each to R.I. for six months with fine Rs. 500/-, in default of payment of fine to suffer two months' additional R.I. under Section 148, IPC, R. I. for three years and fine Rs. 500/-, in default of payment thereof to suffer additional R.I. for two months under Section 450, IPC and imprisonment for life with fine of Rs. 4,000/, in default of payment of fine, to suffer additional R.I. for six months under Section 302/149, IPC. The substantive sentences have been directed to run concurrently, The amount of fine, which works out to Rs. 55,000/-, has been ordered to be paid to the widow of deceased as compensation.

(2.) The facts as unfurled by the prosecution before the trial Court are that on 16-5-1993 at about 2.30 or 3.00 p.m. (PW 1) Jagannath was reciting 'Ramayan' in the verandah of his house. At that juncture deceased Ranjit Singh alias Babb Banna, after wishing, sat near him. At that time, all the accused/appellants reached over there. Seeing the appellants, who were armed with Dharies and Lathis deceased, rushed inside the house of PW 1 Jagannath. The appellants challenged the deceased to come out of the house. When the deceased did not come out, the appellants broke open the door by means of a pickaxe (Gainti) and crowbar (Sabbal), entered inside the house and brought the deceased out assaulting him. They were saying that the deceased had done Mangu Bagri to death, they would not spare him (the deceased). At that time, PW 2 Siddhnath had reached there. It is said that the appellants took the deceased towards village school and there also, they assaulted him with their respective weapons. PW 3 Nagusingh and PW 11 Jamnalal were passing through by that way at that time. They also saw the incident and informed Bharatsingh (PW 4), uncle of the deceased who informed the police about the incident, on telephone. Thereupon, the Station House Officer M.K. Upadhyaya (PW 11) rushed for the scene of occurrence at village Lalakheda with police force. There he saw the deceased lying dead. The dead body of Mangu Bagri was also lying nearby. PW 1 Jagannath narrated the incident to the SHO Shri Upadhyaya (PW 11) whereupon he recorded Dehati Manishi (Ex.P/1) and prepared the spot map (Ex. P/2).

(3.) The dead bodies were sent to the hospital for post mortem examination. He also found the door of the house of Jagannath in broken condition, one pickaxe and one crowbar lying there. They were seized. The accused persons were arrested. Two Dhariyas and a sword were seized from accused Prabhu, Bhawarlal and Kailash. At the instance of remaining accused/appellants lathis were seized.