BADRILAL BERAGI Vs. STATE OF M P

JUDGEMENT

(1.) ALL these three appeals have been filed against the same judgment of conviction and sentence, hence taken up together and dispose of by this common judgment.

(2.) FOR taking exception to the order of conviction and sentence passed against the appellants by learned Addl. Sessions Judge, Agar in the master of ST. No. 134/1997, dated 6-3-1999, the appellants have approached this Court by preferring this appeal. Learned Judge had convicted the appellants for the offence punishable under Sections 302/149 and 323/149 of the IPC and sentenced each appellant to undergo R. I. for life and six months respectively.

(3.) THE prosecution case in short for disposal of this appeal is that sister of appellant No. 2 Mangilal named Shantibai was married with Gokuldas, the brother of complainant Narsingdas (P. W. 1 ). There was no cordial relation between the spouses. Some days prior to the date of incident, Shantibai was not available at the house of Gokuldas. Rest of the appellants were close relations of appellant No. 2 Mangilal. All the appellants were having ill-will with the family of Gokuldas. On the date of incident, i. e. , 18-6-1997 at 2. 30 p. m. in the forest of Village Gotda at the well of complainant Narsingdas, he and son Sohandas aged 12 years were causing their cattle to drink water. At that juncture, appellant No. 1 Badrilal and appellant No. 2 Mangilal reached over there having lathi in their possession. They asked for tobacco from complainant Narsingdas and one of them drank water. At that moment other appellants also reached over there. They all were having lathis in their possession. They surrounded the complainant Narsingdas and his son, deceased Sohandas. Thereafter inquired about sister of Mangilal, the wife of brother of complainant Narsingdas and also started beating complainant Narsingdas and his son Sohandas. Specific over-tact was made by Badrilal on the person of complainant Narsingdas. Complainant Narsingdas raised cry which attracted his son Vishnu (P. W. 3 ). The appellants seeing Vishnu, fled away from the place of incident. Sohandas, boy aged about 12 years died on the spot. Complainant Narsingdas went to village and informed about the incident to the brothers of Village Choukidar. According to the complainant, before 15 days from the date of incident Shantibai wife of his brother Gokuldas left her house and went to her father's house because of which the appellants having grievance and assaulted the complainant and his son.