JALAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants, eight in number, have filed this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 9th March, 1990 passed by IInd Additional Sessions Judge, Hoshangabad in Sessions Trial No. 38/89 convicting them under Sections 148 and 302 read with Section 149 of the Indian Penal Code with sentences of rigorous imprisonment for one year and imprisonment for life each respectively.

(2.) THE prosecution story in brief, may be stated :-On 6-11-1988 at about 11 AM. Jagdish (deceased) while working on his field was assaulted by the appellants by lathi and kharda (sharp edged weapon like farsa ). As a result of the injuries sustained, Jagdish died the same day. Shantibai (P. W. 4) who was on the field, came running to the house of the deceased and narrated the incident to Gijiabai (P. W. 1) wife of deceased, Laxman (P. W. 2) and Chunnulal (P. W. 3 ). Gijiabai, Laxman and Chunnulal rushed to the spot and saw appellants assaulting Jagdish. Gijiabai (P. W. 1) tried to save her husband Jagdish and also requested appellants not to beat her husband. Laxman (P. W. 2) and Chunnulal (P. W. 3) also requested the appellants to spare the deceased but to no avail. After inflicting many injuries the appellants ran away from the spot. Injured Jagdish, who was carried in a bullock cart, died on way to Sohagpur Police Station. Gijiabai (P. W. 1) lodged FIR at Police Station, Sohagpur. After investigation the police submitted the charge-sheet against the accused persons.

(3.) THE appellants abjured their guilt and pleaded that they were innocent.