BAHDURSINGH NANSINGH BHIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern disposal of criminal appeal No. 352 of 2013, criminal appeal No. 496 of 2013, criminal appeal No. 485 of 2013 and criminal appeal No. 10398 of 2022 as all these appeals arise out of the common judgment of conviction dtd. 7/2/2013 passed by Second Additional Sessions Judge (Fast Track) Kukshi District Dhar in ST No. 323/2012, whereby the appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_15_LAWS(MPH)2_2024_1.html</FRM>

(2.) For the sake of convenience, the facts are taken from criminal appeal No. 352/2013.

(3.) The facts of the case in brief are that complainant Jagan (PW-2) lodged an FIR at police station Bag District Dhar on 24/3/2012 at 6.45 pm by stating that on 24/3/2012 at about 6.00 pm deceased Sobhan came to village Bagh alongwith deceased Navalsingh, injured Harsingh and complainant Jagansingh. While they were going back to village Ghutiadev on two motorcycles, one motorcycle was driven by Sobhan on which Naval Singh and Har Singh were sitting and another motorcycle was driven by complainant Jagan Singh, and reached nearby Hanuman Tekari Banda, then accused Bilam Singh, Pratap Singh and Bahadur Singh came there in a pickup vehicle and appellant Radu and Julab Singh came on motorcycle. They stopped the motorcycles of Sobhan and Naval Singh. Appellants Bahadur, Pratap and Bilam caught hold Naval Singh. Accused inflicted a blow of Falia on the head of Naval Singh, due to which head of Naval Singh was cut from the head and fell down on the ground. Appellants Julab Singh and Radu chased Sobhan, due to which he fell down on the spot and then Julab Singh gave a blow of Falia on the head of Sobhan due to which he died on the spot. Appellant Pratap pelted stone upon victim Har Singh. Then Har Singh fled away towards the forest. Accused persons committed murder of both deceased due to the previous enmity regarding earlier Panchayat election.