MOTA ALIAS NANDKISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE above appellants have preferred this appeal against the judgment dated 5-12-96 of the learned Additional Sessions Judge, Sohagpur, in S. T. No. 35/95, by which appellant Mota @ Nandkishore and Chhinga @ Jhalkan have been convicted under Section 302 of the IPC for committing murder of Mohan and sentenced to imprisonment for life and appellant Tulsiram and Chhinga have been convicted under Section 302 for committing murder of Chhidami. Appellant Mota @ Nandkishore has also been convicted under Section 302 read with Section 34 of the IPC of the murder of Chhidami. The sentences awarded to accused Mota @ Nandkishore and Chhinga @ Jhalkan have been directed to run consecutively.

(2.) THE case relates to the murder of Mohan and Chhidami. According to the prosecution, on 22-7-94 at about 7. 30 p. m. in Village Murgidhana, accused Mota @ Nandkishore had gone to the house of deceased Mohan to recover the amount for taking his goats for grazing. Mohan asked for some time to pay the same but accused Mota insisted on immediate payment and there ensued a quarrel between the two. Brothers of accused Mota namely Chhinga @ Jhalkan, Kanhaiya and Hiralal joined Mota @ Nandkishore and started belabouring Mohan. When Mohan's wife Saroj called for help, his brother Chhidami rushed to the place but at that time brother of Mohan namely Babulal also arrived. When Chhidami asked the reason for assaulting his brother, Mota @ Nandkishore assaulted him with Gandasi (sharp weapon), Chhinga assaulted with Farsi (an axe) and Kanhaiya and Hiralal with lathi. At this juncture Tulsiram arrived with an axe and rushed to assault Chhidami. Mota @ Nandkishore and Chhinga @ Jhalkan also started assaulting Chhidami. Tulsiram then delivered a blow of axe on the head of Chhidami with the result he fell down. Babulal rushed to his house and brought a lathi and the accused ran away. Babulal informed Mohan Kotwar about the incident. While the injured were being taken in a bullock-cart to P. S. Bankhedi, they died. Babulal lodged the report at the police station. Police prepared spot map, took samples of the blood stained and control earth, prepared inquest report and sent the bodies for post-mortem. The accused were arrested and weapons were seized from them. After completion of the investigation, charge-sheet was filed and the accused were prosecuted.

(3.) ACCUSED were charged for offence punishable under Section 302 for causing death of Mohan and Chhidami; as also under Section 302 read with Section 34 for having caused the death in furtherance of the common intention. They pleaded that they had not committed any offence. However, on trial, the learned Judge while acquitting co-accused Kanhaiya and Hiralal, found the present appellants guilty and convicted and sentenced them as stated herein-above.