BADAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal has been preferred under section 374 CrP.C on 11.04.2000 being aggrieved from the judgment and sentence passed by Additional Sessions Judge, Sabalgarh (Shri Ajeet Kapoor) in S.T. No.222/1998 on 23.03.2000, whereby every appellant -accused has been convicted under sections 302/34, 450, 307/34, 326/34 and 324/34 of IPC and sentenced to life imprisonment along with fine of Rs. 1000/ - under section 302/34 IPC, five years rigorous imprisonment along with fine of Rs.1000/ - under section 450 IPC, five years rigorous imprisonment along with fine of Rs.1000/ - under section 304/34 IPC, four years RI along with fine of Rs.1000/ - under section 326/34 and two years RI under section 324/34 IPC separately for each accused. In default of fine six months additional RI has also been imposed. It was also ordered that all the sentences will run concurrently. The accused Urmila Bai and Rekha Bai both were acquitted from all the charges.

(2.) ACCORDING to the prosecution case, 15 days prior to the date of incident i.e. on 13.5.1998 accused Badam Singh went to the house of complainant Matadeen to purchase earthen pot. Due to the non -availability of abovementioned earthen pot, complainant refused to supply him. Badam Singh returned to his house. After sometime, he again went to the house of complainant along with his son Ranveer Singh, Hukum Singh and Balveer Singh and caught Maniram (father of complainant Matadeen) and forcibly brought him at their house. He was beaten and thereafter he was released on the prayer of his son Matadeen. This incident was not reported at Police Station by the complainant. On this estranged relationship, in the midnight of 12 -13 May, 1998 at about 12 o'clock accused Badam Singh armed with sword, Ranveer Singh armed with sword, Balveer Singh armed with knife, Hukum Singh armed with country made pistol and axe (farsa) came at the house of complainant. All the accused were identified by the complainant Matadeen in the moonlight. Deceased Tunda (grandfather of complainant Matadeen) was sitting outside his house on the cot. He was murdered by accused Badam Singh and Ranveer by inflicting various injuries on the vital part of the body by sword. Complainant Matadeen and his grandmother were also assaulted through sword by Badam Singh and Ranveer Singh. Lohribai (mother of the complainant Matadeen) was also assaulted with sword and knife by Badam Singh, Ranveer Singh and Balveer. By entering in the house of complainant, accused Hukma has threatened to life by making fire in air for not to lodge FIR of this incident. Accused Urmila, Rekha Bai and Tahar Singh also came there and caused injuries by pelting stones. In this incident, Tunda died on the spot due to the injuries caused by sharp edged weapons. Matadeen, Sukhobai and Lohribai also got injured.

(3.) THE learned trial judge, on the basis of allegations made against the appellants, framed charges, against Badam Singh, Balveer Singh, Ranveer Singh, Urmrla and Rekha alias Ushabai, under sections 148, 450, 302 or 302/149, 307/149 IPC. Appellants/accused absurd the guilt and pleaded innocence.