VEERAN Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 28th January, 2006 passed by 12th Additional Sessions Judge, (Fast Track Court), Jabalpur in Sessions Trial No. 68/1999, convicting and sentencing the appellants as under: <FRM>JUDGEMENT_1989_ILR(MP)_2013_1.html</FRM>

(2.) In short, the prosecution case is that in the noon of 12.10.1998, while Meenu and Vineet, respectively the son and nephew of Udal (deceased) were searching their lost she buffalo, there occurred a quarrel between them and appellant Rammu. When they went to their house, Meenu informed the said incident to his mother Kusum Bai. In the evening, when deceased returned home, Kusum Bai narrated the incident to him. In the evening, at about 8 P.M., when they were at their house, appellants including Rammu reached near their house, abused them and pelted stones at the house. When deceased came out of his house to remonstrate them, accused Mishrilal dealt a stick blow on his head. Madan and Mukesh assaulted him with swords. Rammu and Veeran assaulted him with sticks. When Kusum Bai (PW2), the wife of deceased shouted Jugal Kishore (PW1), Chiranjilal (PW3) and Omprakash (PW9) came out of their house and rushed to the spot. When these persons tried to intervene, appellants assaulted them also by their weapons. Accused Anantram also reached there and uttered filthy abuses to them. Deceased fell down unconscious. Injured persons took deceased to police station Panagar, where Jugal Kishore (PW1) lodged first information report Ex. P/1. All the injured persons were sent to Govt. Hospital, Panagar for preliminary treatment. Subsequently, they were referred to Medical College, Jabalpur.

(3.) Investigating Officer A.S.I. H.S.Gaur (PW17), after recording first information report, recorded statements of witnesses. Since, deceased was not in condition to speak, his statement could not be recorded. PW17 went at the spot, prepared spot map Ex. P/14 and seized articles from the spot including amputated finger of Jugal Kishore vide seizure memo Ex. P/15.