INDERSINGH Vs. STATE OF M P

JUDGEMENT

(1.) ALL these three appeals are filed against the same judgment, hence taken up together and disposed of by this common judgment. Appellant Indersingh has filed two appeals against his conviction being Criminal Appeal Nos. 207/1996 and 255/1996.

(2.) BEING dissatisfied with the judgment dated 29th February, 1996 rendered in Sessions Trial No. 175/1995 by the learned III Additional Sessions Judge, Ratlam, whereby he convicted the appellants for the offence under Sections 302/149, 307/149, sentenced to suffer imprisonment for life with fine of Rs. 2000/-, in default whereof to undergo R. I. for two years, seven years, R. I. with fine of Rs. 1000/-, in default whereof to undergo one year R. I. respectively and also convicted appellants Kalabai, Ramchandra, Bagdiram and Gopal under Section 148, IPC and sentenced them to undergo one year R. I. and appellants Bherulal, Indersingh and Badrilal under Section 147, IPC and each of them are sentenced to undergo six months R. I. , the appellants have preferred these appeals. However, the substantive sentences were directed to run concurrently.

(3.) THE factual scenario giving rise to these appeals in short are that on 2-7-1995, in the morning at 7. 30 a. m. Satyanarayan @ Sathu (P. W. 12), deceased Nandram and Ramchandra (P. W. 13) were gong on foot from their Village Ranayara to Village Piplya Maru for attending thirteenth day ceremony (last rite function ). When they reached in the field known as "hazariba Wale Kheth" which was purchased by deceased Nandram, the appellants reached over there in a bullock cart. Appellants Gopal, Bagdiram, Ramchandra, Kalabai, Indersingh, Bherulal and Badrilal were having sword and lathis. They started assaulting Nandram. Appellant Gopal, Bagdiram and Ramchandra dealt dharia blow on the head, Kalabai used sword. When Ramchandra (P. W. 13) tired to rescue deceased Nandram he too was assaulted by Kalabai with sword, Ramchandra by dhariya and Indersingh by lathi. Prosecution witness Jhabbalal (P. W. 16) also reached on the spot from nearby field to intervene and pacify the quarrel. He was assaulted by Gopal with dharia and Badrilal, Bherulal by lathi upon which Jhabbalal ran away from the spot. Because of fear Satyanarayan (P. W 12) also ran away and witnessed the incident while standing at some distance. After assault, the appellants fled away. Satyanarayan (P. W. 12) went to witness Nanda (P. W. 18) and disclosed about the incident. Nandram came with bullock cart and they took deceased Nandram to Village Piplya Maru from where he was taken in a tractor to Government hospital, Alot, where he was declared dead. Satyanarayan (P. W. 12) went to police station along with Jhabbalal (P. W. 16) and lodged the report (Ex. P-27 ). The police stepped into investigation and sent the dead body for post-mortem examination. Post-mortem was performed by Dr. Anil Palol (P. W. 10 ). His report is Ex. P-24. After required investigation, charge-sheet was filed against the appellants for the above mentioned offences. They have denied the charges.