BRIJIAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Additional Sessions Judge, Damoh vide his judgment dated 24-9-1980 passed in Sessions Trial No. 63 of 1980 convicted the six accused namely Brijlal, Nale alias Lalsingh, Puran Singh, Mastu alias Mastram, Kisum Singh and Kalua under section 302/149 of the Indian Penal Code and sentenced them to imprisonment for life. In addition accused Nale alias Lalsingh and accused Mastu alias Mastram were convicted by him under section 147 and sentenced to rigorous imprisonment for one year and accused Brijlal, Puran Singh and Kalua were convicted under section 147 and sentenced to rigorous imprisonment for six months. It was ordered that the sentences awarded to the accused would run concurrently. This appeal by the six accused is directed against their above said convictions and sentences.

(2.) The incident in question took place in one of the lanes of village Deori in Damoh district on the night of 7-4-1980. There were admittedly two parties in the village and the relations between them were greatly strained. One party was headed by P.W. 7 Bhagwan Singh who was Sarpanch of the village. Accused Nale alias Lalsingh, Puran Singh, Mastu alias Mastram and Kisum Singh were sons of accused Brijlal. Accused Kalua was their servant. It appeared that deceased Tabbu Singh and his brother including P.W. 2 Nanhebhai and Pancham Singh belonged to the party of, Bhagwan Singh. There had been previous incidents in which there were altercations and exchange of hot words between the accused party and the deceased and his brothers.

(3.) It was clear from the evidence produced in the case that the houses of deceased Tabbu Singh, his brother P.W. 2 Nanhebhai, P.W. 1 Shivraj Singh and accused Brijlal were situated at 2 small distance from one another in the same lane. It was also clear that the assault on deceased Tabbu Singh was made at the mouth of sub-lane that merged into the above said lane after going past the side of house of P.W. 1 Shivraj Singh. In the above connection, it was useful to have a glance at Ex.P/2 map prepared by Sub Inspector Dixit (P.W. 8) during the course of investigation.