RAJESH AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Rajesh, Mukesh, Rakesh, Sunil and Munnalal have been convicted under section 302/149 of the Indian Penal Code and sentenced to life imprisonment and fine of Rs.500/- each or, in default of payment of fine, to undergo six months rigorous imprisonment. They have also been convicted under section 323/149 of the Indian Penal Code and sentenced to rigorous imprisonment for one year each on two counts. Appellants Rajesh, Mukesh, Rakesh and Munnalal have further been convicted under section 148 of the Indian Penal Code and sentenced to rigorous imprisonment for one year each whereas appellant Sunil has been convicted under section 147 of the Indian Penal Code and sentenced to six months rigorous imprisonment. All the sentences have been directed to run concurrently.

(2.) Victim of the incident was Ravishankar, aged 45 years.

(3.) According to the prosecution case, Rajesh, Mukesh, Rakesh and Sunil are sons of Munnalal. All of them lived together near Radhakrishna Mandir at Budhni, District Sehore. Ravishankar along with his family also lived in their neighbourhood. On 3.11.1999 at about 7:00 a.m. Mukesh threw lemon and coconut in the house of Ravishankar to which he objected. Ravishankar thought that Mukesh by throwing lemon and coconut was practicing witchcraft with a purpose to grab the adjoining land of his house. The objection of Ravishankar infuriated Mukesh who started abusing him. Thereafter, Mukesh, Rajesh, Rakesh and Sunil armed with weapons entered the premises of Ravishankar and forcibly dragged him to their house where Munnalal gave a fatal blow on his head with a dagger. At that point of time sons Dinesh Kumar (P.W.1) and Vijay (P.W.3) of Ravishankar rushed to intervene but they too were assaulted by Mukesh, Rajesh and Rakesh with their respective weapons rod, knife and sword. And during this period Sunil had caught hold of Vijay. Ravishankar could not survive the head injury and died on the spot. Dinesh and Vijay then rushed to Police Station Budhni, which was situated only 400 meters from the spot. At the police station Dinesh lodged the first information report wherein he narrated the entire incident as stated above. The first information report was recorded at 7:25 a.m. i.e. within 25 minutes from the time of incident. Acting upon the report the police registered offences under sections 147, 148 and 302/149 of the Indian Penal Code against all the appellants.