RAMSWAROOP Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 2-4-92 passed by II Additional Sessions Judge, Shivpuri in Sessions Trial No. 157/89 whereby appellants are convicted and sentenced under Sections 148, 302 read with Sections 149, 452 and 325 read with Section 149, IPC for one year R. I. , life imprisonment, two years' R. I. and two years' R. I. respectively.

(2.) THE allegation against the appellants is that they formed an unlawful assembly in Village Nandpur with a common object of committing the murder of deceased Badri and causing injuries to Goura (P. W. 5) and in pursuance of the said common object, injuries were caused to them. Ultimately Badri died (hereinafter referred to as deceased only) and Goura (P. W. 5) sustained injuries.

(3.) IN nutshell, prosecution story as unfolded during trial is that on 9-9-89 at about 12 noon, two cows belonging to deceased entered into the field of appellants Ramjilal and Badri and damaged the crop of sesame and groundnut which was standing in the field. On this, Badri started taking the cows to cattle pond. Deceased told him not to take the cows to the cattle pond and he is willing to pay the loss. On this, there was wordy quarrel between them. Deceased assaulted by Lathi on the head of accused Badri. He received injuries in the temporal region. Deceased ran away from the spot. Thereafter, appellant Ramswaroop armed with Luhangi and appellants Ramjilal, Badri, Chintu, Roshan and Brijmohan armed with Lathis came to the door deceased and mutual abuses were exchanged between the parties. At the door of deceased, Vijay Singh Kushwaha, Buddha Amarsingh and Lakhu were also sitting. Appellant Chintu dragged the deceased from the "paur" and thereafter he was beaten by all. Deceased received injuries on his right and left chest and also suffered injuries on other parts of his body. During the incident Goura (P. W. 5) is said to have rushed to save the deceased who was her son, whereupon accused Badri gave a lathi blow on her right hand, as a consequence of which Goura (P. W. 5) also sustained injuries. Deceased alongwith his brother lodged FIR (Ex. P-1) at Police Chowki Amol Patha on which crime was registered and matter was investigated. Deceased who was injured at that time was referred to hospital for medical examination and treatment but he died in the way. Injured Goura (P. W. 5) was also referred for medical examination. Dead body was also referred for post mortem. Spot map was prepared. Accused persons were arrested, memos under Section 27 of the Evidence Act were prepared, weapons were seized at the instance of the appellants and charge-sheet was filed.