JHABBU Vs. STATE OF M P

JUDGEMENT

(1.) ACCUSED/appellants Laxman, Hariram, Beni and Jhabbu have preferred the aforesaid appeals against the judgment of conviction and order of sentence passed on 22nd January, 1992 by the 1st Additional Sessions Judge, Sagar in Sessions Trial No. 15/1987. Since all the appeals arise from a composite judgment, they are being disposed of by this common judgment.

(2.) FIVE persons, namely, Laxman, Hariram, Beni, Jhabbu and Shambhu were tried by the Trial Court. Laxman was charged under Section 302 of the Indian Penal Code (hereinafter referred to as 'the IPC') and the other accused persons were charged under Section 302 read with Section 34 of the IPC. After the decision of the Trial Court, Shambhu has died.

(3.) THE facts which are not in dispute are that Parwati Bai is the wife of Hariram and was a kept of the deceased Rajjan (hereinafter referred to as 'the deceased' ). In brief, the case of the prosecution is that in the Village Deori near the Old Fort there is one 'chabutara' (platform), namely, 'ganesh Ji ka Chabutara'. It is said that on 6-12-1985 at 4 p. m. the deceased and Radhe Soni were sitting on the said Chabutara. The complainant Pradeep was also sitting slightly ahead. At that juncture, it is said that the accused persons arrived there and on their arrival some altercation took place between the accused persons and the deceased regarding the wife of Hariram, Thereafter, accused Hariram and Shambhu caught hold the hand of Rajjan and threw him beneath the 'chabutara'. It is alleged that accused Jhabbu and Beni gave blows of fist and kicks to the deceased and thereafter took out the knife and dealt 3-4 blows on the person of the deceased which landed on the abdominal region and face of the deceased, as a result of which the deceased breathed his last on the spot.