KANSINGH AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is directed by the Appellant against judgment dated 22.11.2002 rendered in Sessions Trial No. 137/02 by II Additional Sessions Judge, Ujjain, thereby convicting the appellants for the offence punishable under sections 148, 307/149 of the Indian Penal Code and sentencing them each to suffer regorous imprisonment for 2 years and 5 years with fine of Rs. 1000.00, in default of payment of fine to suffer 6 months simple imprisonment respectively. Appellant No. 1 Kansingh has also been convicted for the offence punishable under section 25 (1) (2) (i) of the Arms Act and sentenced to undergo rigorous imprisonment for 3 months. Sentences of the appellants were directed to run concurrently.

(2.) The facts of the case lie in narrow compass are that on 31.10.2001 at about 6.00 p.m. in the evening Jagdish (P.W. 1) was watering his field along with his nephew Kacharulal. At about 8.00 p.m. Jagdish sent Kacharulal for bringing tea to his home and Jagdish went away to take rest in his hut. At the relevant time, appellants along with other co-accused persons having lethal weapons, came over there and assaulted Jagdish. On raising alarm by Jagdish, Kacharulal and other villagers gathered. It is said that Jagdish was being assaulted because of previous enmity on account of contract of irrigating of water during summer. The contract was given to injured Jagdish and Jagdish used to demand money from appellant No. 2 Bahadur, who was the Sarpanch of the said Panchayat. Injured Jagdish was taken to police station Mahidpur where First Information Exh. 1/1 was lodged at 11.45 p.m.

(3.) After investigation, challan was filed against the appellants and they were arrested. The appellants abjured their guilt and pleaded elibi. According to them, on the date of incident they were not present in village Barkheda Bujurg and were in village Dungarkheda. They examined Soudarisingh (D.W. 1). Learned Trial Court after considering the evidence, convicted the appellants and sentenced them as indicated above and acquitted the co-accused Devisingh. Hence, this appeal by the present appellants.