MAHENDRA @ MOTA Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 10.8.2007 passed by Special Judge, (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Harda, in Sessions Trial No.61/2007, whereby each of the appellants has been convicted and sentenced as under with the direction to run both the jail sentences concurrently :- <FRM>JUDGEMENT_1453_ILR(MP)_2013_1.html</FRM>

(2.) The charges against the appellants for offences under sections 148, 302, 302/149, 294, 506 of the I.P.C. and 3(2)(5) of the S.C. and S.T. (Prevention of Atrocities) Act that on 8.9.2005 the appellants armed with deadly weapons like axe and butts of GENTI etc. and with an intention to commit murder of deceased Shivnarayan, formed an unlawful assembly and entered into the field of Santosh situated at village Bajniya and in furtherance thereto abused him by referring to his caste and assaulted deceased Shivnarayan and committed his murder.

(3.) The prosecution story in brief is that on 8.9.2005 at about 6:00 pm deceased Shivnarayan was cutting grass in his field along with his son Santosh (PW1). At that time two persons came and asked Shivnarayan as to where he lives. Shivnarayan replied that he lives in village Bajniya, then the said two persons inflicted blows of butts of GENTI on his legs, Shivnarayan tried to run, but the said persons continued inflicting him and as a result of such blows Shivnarayan fell down. Then accused Mahendra @ Mota armed with axe, his brother Kallu @ Lokendra armed with butt of GENTI, two other persons armed with butts of GENTI, all six with common object and with intention to kill the deceased, assaulted him. Accused Mahendra inflicted butt of axe blow on the head of deceased and others also inflicted butts of GENTI blows on the deceased due to which he sustained injuries on both of his legs and hands. Santosh, son of deceased, tried to rescue his father. Accused Mahendra threatened to assault him with axe but he ran away from there and shouted. Then accused persons anticipating the deceased to be dead, fled away. On hearing the shout of Santosh, Premnarayan (PW4) and Safi Chacha, working in nearby fields, reached the spot. Then Santosh carried his father Shivnarayan on a bullock-cart to Police Station Timarni and lodged the FIR, Ex.P/3. The then Station House Officer Shri G.L.Ahirwar (PW2) registered the report, Ex.P/1.