MOOSA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been directed by the appellants against the judgment of conviction and sentence passed by the learned 1 Addl. Sessions Judge, in sessions Trial No. 328/1995, convicting the appellants under Section 148 of IPC and sentencing them to suffer R. I. for one year, as also appellant Nayaka for offence under Section 302 of IPC and sentencing him to life imprisonment, and appellants Khalpa, Moosa, Kendu and Shankar under Section 302/149, IPC and sentencing them each to undergo R. I. for life. All the sentences were directed to run concurrently.

(2.) BRIEFLY stated the prosecution case is that on 10-4-1995, in the evening at 6. 00 p. m. in village Bav, District Jhabua, deceased Ramsingh along with his son Gyansingh (P. W. 2 ). Ranglibai (P. W. 3) and Dithlibai (P. W. 4)were sitting in front of their house. At that juncture, appellant No. 5 Naika and appellant No. l. Moosa having bow and arrow, reached over there. They told deceased Ramsingh that prior to some days, he killed bullock of Shankar but their father did not complain this act of deceased. When Naika and Moosa were talking with deceased, the appellant No. 2 Khalpa, No. 4 Shankar and No. 3 kendu also reached over there. Khalpa was having bow and arrow and Shankar and Kendu possessing falia. All the five surrounded the deceased Ramsingh and again passed a taunt and told him that as to why he return from Gujarat leaving labour work and they will kill him. Appellant Naika shot arrow, which pierced at left side of the ribs. Deceased fell on the ground. Thereafter appellants shankar and Kendu assaulted him from blunt side of falia (sharp edged weapon)on chest and neck. The wife Ranglibai and daughter of deceased Dithlibai tried to rescue deceased but they were pushed on. The complainant and other witnesses raised alarm on which village Patel Junvansingh reached over there and appellants seeing him ran away. Deceased died on the spot. The F. I. R. was lodged by Gyansingh (P. W. 2) vide Ex. P- 3 recorded by Sub Inspector Damodar gupta (P. W. 6 ). The dead body was sent for post-mortem examination and the same was performed by Dr. Jagansingh (P. W. 1 ). The post-mortem report is Ex. P 2. The Investigative Officer Damodar Gupta (P. W. 6) prepared inquest (Ex. P-7), spot map (Ex. P-5) and also seized controlled earth and blood stained earth from the spot through seizure memo (Ex. P-8 ). After investigation, charge-sheet was filed. The appellants have denied the charges and pleaded innocence whereupon they were put on trail. The prosecution has examined in total six witnesses and got proved 23 documents whereas the appellants have not examined any witness. The appellants have been convicted by the trial Court as mentioned above.

(3.) WE have heard the learned counsel for appellants Shri Amitab upadhyaya and learned P. P. Shri G. S. Chouhan for the State and also perused the entire record of the case.