JUGRU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) WE propose to dispose of these five appeals : Criminal Appeal Nos. 1176/93 (Rosan alias Ramesh v. State of M. P.), 1177/93 (Jugru v. State of M. P.), 1178/93 (Gulab v. State of M. P.), 1179/93 (Madan v. State of M. P.) and 1180/93 (Raja v. State of M. P.) by this common judgment, since they arise out of the same judgment and order dated 15-4-93 passed by First Additional Sessions Judge, Hoshangabad, in Sessions Trial No. 60/91. All the appellants in the aforesaid appeals stand convicted for offences punishable under Section 148, IPC with sentence of two years' R. I. and life imprisonment each respectively.

(2.) THE prosecution case, as unfolded during trial is that Jugru, Gulab and Rosan alias Ramesh, who are the appellants in Criminal Appeal Nos. 1177/93, 1178/93 and 1176/93 respectively, are the real brothers. Madan and Raja who are the appellants in Criminal Appeal Nos. 1179/93 and 1180/93, respectively, are the sons of Jugru and are the residents of Village Dob. Deceased Champa Lal was also a resident of same village. He was living at a very short distance from the house of appellants. Laxmi Bai (P. W. 4) and Raju (P. W. 3) are the widow and younger brother of the deceased Champa Lal respectively whereas Rekha Bai (P. W. 12) and Sunil (P. W. 13) are his children.

(3.) ON 20-9-89 at about 8 P. M. while Champa Lal was in his house along with his wife, younger brother Raju and children Rekhabai and Sunil, the appellant Jugru called him. Champa Lal came out of his house and went along with Jugru towards the house of later. Soon after, on hearing the cries of Champa Lal, Laxmi Bai rushed towards the spot and found that all the above referred appellants were assaulting her husband Champa Lal. At that time Jugru was armed with a sword, Gulab with an axe, Madan with a Ballam and Rosan and Raja had lathis. When Laxmi Bai tried to intervene, appellant Jugru pushed her away. Raju (P. W. 3), Rekha (P. W. 12) and Sunil (P. W. 13) also reached the place of occurrence and witnessed the incident. Champa Lal died on the spot itself. On the same day at about 10 P. M. Laxmi Bai lodged FIR (Ex. P-5) at police out post, Pathrota of P. S. , Tawanagar. A marg was registered as per Ex. P-4. Crime was registered at P. S. , Tawanagar.