ABHIMAN PATEL Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal has been filed under Section 374(2) of the Code of Criminal Procedure by the appellants/accused against the judgment dated 22.7.1996 passed in S.T. No.53/92 by learned First Additional Sessions Judge, Sidhi (M.P.) whereby each one of the appellant no.1 Abhiman Patel and appellant no.2 Devmani has been convicted for the offence punishable under Sections 302 and 147 of the IPC and sentenced to undergo R.I. for life and with fine of Rs.2000/ - for the offence under Section 302 of IPC and to undergo R.I. for 1 year for the offence punishable under Section 147 of IPC. Appellant nos.3, 4, 5, 6, 9 and 10 have been convicted for the offence punishable under Sections 302 read with 149 , 147 and 232 of the IPC and sentenced them to undergo R.I. for life with fine of Rs.2000/ - for the offences punishable under Sections 302/149 of IPC and R.I. for 1 year for the offence punishable under Section 147 of IPC and R.I. for 6 months for the offence punishable under Section 323 of IPC. Appellant no.7 Ashwini and appellant no.8 Bhola have been convicted for the offence punishable under Sections 302/149, 147, 353, 332 and 323 of the IPC and sentenced them to undergo R.I. for life and with fine of Rs.2000/ - for the offence punishable under Section 302/149 of the IPC, R.I. for 1 year each for the offences punishable under Sections 147 and 353 of the IPC, R.I. for 11/2 years for the offence punishable under Section 332 of IPC and R.I. for 6 months for the offence punishable under Section 323 of IPC.

(2.) BRIEF facts of the case are that on 24.6.1992 at about 8:30 a.m. measurement of land bearing Khasra No.2049 was conducted by Patwari Sheshmani (PW11) and Suryavansh (PW6) in the presence of more than 100 villagers. The said land belonged to Shalik Ram Patel (PW10). It is alleged that the appellants/accused came to the spot and appellant no.2 Devmani snatched Jareeb (Measurement Chain) and appellant no.8 Bhola gave a lathi blow to Patwari Sheshmani thereafter appellant no.1 Abhiman gave a lathi blow to Chandrabhan, who was sitting under a tree at some distance from the Revenue Officer. Thereafter, accused persons started pelting stones whereupon the mob started running. Merg report (Ex.P19) was lodged by Shalik Ram Patel (PW10) and on the basis of which FIR (Ex.P18) was recorded by Sub Inspector, A.P. Dwivedi (PW16).

(3.) LEARNED trial Court after trial of appellant no.2 Devmani for the charges of the offences punishable under Section 147, 353, 302/149 of IPC, appellant no.1 Abhiman Patel for the offences punishable under Section 147 and 302 of IPC and other accused persons for the offences punishable under Sections 147, 323 and 302/149 of the IPC and convicted and sentenced them by the impugned judgment as mentioned in paragraph -1 of this judgment.