ROSHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment dated 5-4-1999 passed by the Add l. Sessions judge, Katni in S. T. No. 120/98 whereby appellant and his co-accused have been convicted under Sections 120-B and 323, IPC and each of them has been sentenced to R. I. for 6 months with a fine of Rs. 500. 00 and R. I. for one year with a fine of Rs. 1000. 00 respectively.

(2.) FACTS of the case lie within a narrow compass. Deceased Uma shanker was running a grocery shop in Village Majhagwa. he purchased paddy worth Rs. 700. 00 from appellant Johar and wheat worth Rs. 20,000. 00 from his co-accused. Deceased made the payment in part. Appellant and Rooplal were demanding remaining amount but the deceased was avoiding to make the payment on one pretext or the other. On 9-10-1997 at about 7. 00 P. M. appellant Johar and his co-accused Rooplal armed with sticks went to the grocery shop of the deceased for recovery of the balance amount. They caused hurt to the deceased by means of sticks. When Mangal Prasad, father of deceased tried to intervene, he was also assaulted. Deceased and his parents closed the door of the shop, thereupon appellant and co-accused left the spot. Deceased could not lodge the report on 9-10-1997 due to fear of appellant and said co-accused.

(3.) ON the date of incident at about 6. 30 A. M. deceased Uma shanker started his motor-cycle to go the police station to lodge the report. On hearing the sound of the engine of motor- cycle, appellant and other accused persons namely; Rooplal, Roshan, Santosh Kumar, Ram Prasad, rajju, Faagu, Veeru, Ram Sanehi, Bhaggu @ Bhagchand, Hari @ Hariram, sheelchand and Pattu @ Pahalad came to the spot and surrounded the deceased Uma Shanker and started dragging him. Parents of appellant shouted for help. On hearing the cries of parents of deceased Shiv Shanker (P. W. 2), shyam Sunder (P. W. 3) and Manor Kumar (P. W. 5) came to the spot and requested the accused persons not to assault the deceased but the accused persons did not accede to their request and caused injuries to the deceased by means of sticks. In order to save himself, deceased ran towards the outskirts of the village and fell down in the field of Jagdish Agrawal. The accused persons followed him and when he fell down in the field, all the accused persons dealt lathis blows on him. Consequently deceased Uma Shanker died in the field of jagdish Agrawal.