JAGANNATH YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises from the judgment dt. 20 -7 -2006 passed by ASJ, Biaora (Rajgarh) in ST No. 9/05 whereby all the appellants were convicted under sections 148 & 302/149 of IPC and each was sentenced to undergo 2 years RI and life imprisonment and a fine of Rs. 1000/ - with default clause respectively.

(2.) Brief facts of prosecution case are as follows: Kanta bai (PW1) is the wife, Hari Prakash (PW4) and Om Prakash (PW6) are brothers of Laxminarayan (herein after referred to as 'the deceased'). The appellants are close relatives. The appellants, Jagannath (A1), Ramprasad (A2), Mishrilal (A3), Bharat Singh (A4), Raja alias Rajju (A10) are brothers. Appellant Hemraj (A4) and Santosh (A5) are sons of appellant Jagannath. Laxminarayan (A6) and Nain Singh alias Bhagwan Singh (A7) are sons of appellant Ramprasad. Bane Singh (A12) and Lakhan Singh (A14) are brothers. Hemraj (A11) and Bane Singh (A13) are brothers. The appellants, the deceased and the material witnesses are residents of village Silkheda.

(3.) On 7 -10 -04, at about 9 am, the deceased, his wife Kanta bai and his brothers Hari Prakash and Om Prakash were going in a bullock cart for cutting the soya bean crop. When they reached near the culvert of Lakhanbas road, the appellants having 'pharsi', 'lathi' in their hands obstructed the way and abused. Thereafter, the appellants Jagannath, Hemraj, Santosh, and Nain Singh assaulted Laxminarayan by 'pharsi', due to which his feet were cut. When these appellants ran to assault Hari Prakash and Om Prakash, they ran away. During this attack, Kanta Bai fell upon her husband Laxminarayan to save him. At the same time, appellants Ramprasad, Mishrilal and Lakhmi chand assaulted Laxminarayan by 'lathis'. As a result, Laxminarayan sustained injuries on the back and shoulder. During the rescue efforts, Kanta bai was also assaulted by Lakhmi chand by 'lathi'. She sustained injuries on left shoulder. The deceased became unconscious. The incident took place due to previous enmity between the complainant party and the appellants with regard to agricultural land. Immediately after the incident, the deceased and Kanta bai were taken in a bullock cart to the Police Station, Malabar, where Hari Prakash lodged the report. On this basis, the Police registered a crime No. 160/04 for the offences punishable under sections 147, 148, 149, 341, 307, 323 of the IPC. Thereafter, the deceased and his wife Kanta bai were referred to Govt. Hospital, Biaora. Duty Doctor examined the deceased and found that he succumbed to the injuries. Then the duty doctor sent a memo to Biaora Police station. On this basis, Marg No. 09/04 was registered. Immediately, ASI B.L Sahu went to the Govt. Hospital, Biaora. He called the 'panch' witnesses and prepared an inquest report and later sent the dead body for post mortem examination. Dr. J K Shakya conducted the post mortem and gave a report (P27). ASI B. L Sahu seized a sealed packet containing the clothes of the deceased and then the Marg diary was sent to the Police Station, Malavar for further investigation. After receiving the Marg diary, ASI N. S Thakur went to the place of the incident, and prepared a spot -map and collected blood stained soil. The appellants were arrested and weapons i.e 'pharsi' and 'lathis' recovered at their instance. After that, the soil recovered from the place of the incident and the packet containing the blood stained clothes of the deceased and the weapons were sent to FSL, Sagar. As per the report of the FSL, the soil sample and clothes of the deceased had traces of human blood. After completion of the investigation, the charge sheet was filed against the appellants.