SURAJ Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, the appellants have challenged their judgment of conviction and order of sentence passed by trial Court.

(2.) In brief , the case of prosecution is that on 13-6-1990 in the evening at 7.00 accused persons namely Suraj, Bablu, Ramesh, Bhura and Gopal pacified one Gulab at his house that he should not keep any relation with Ramdayal because accused persons were having inimical relations with said Ramdayal, however, when Gulab did not accept the request of accused persons and told them that he is having good relation with Ramdayal, at that juncture, accused persons Suraj, Bablu, Ramesh, Matru and Gopal gave blows of fists and kicks to him, he was also assaulted by lathi. These persons refrained Gulab who was going to lodge report. On the same day, during night hours, when Gulab, his mother Bhuri Bai, brother Bhagwandas and Tarwar alias Nanha (hereinafter referred to as the deceased) were sleeping, at that juncture, accused Suraj having 'Baka', Bablu with sword, Ramesh and Matru with lathi entered in their house and accused Suraj gave a 'Baka' blow on the head of the deceased. Accused Ramesh and Matru wielded lathis on the head of the deceased and rest other accused persons encircled the house of the deceased and pelted stones at the house of the deceased. The accused persons also hurled abuses of mother and sister and were also giving threat to kill.

(3.) On hearing the shriek of deceased and his family members, eye witnesses Raghubir Prasad and Ramdayal arrived at the spot and they saw that the deceased came out from his house and ran upto certain distance, however, he fell down and passed away. Gulab informed the incident to Village Kotwar Shambhulal who informed the police, Bhedaghat and threafter the police party arrived at the spot. At the spot, Gulab lodged first information report in the shape of Dehati Nalishi and on the basis of said which, Head Constable of Police Station, Bhedaghat wrote the first information report and registered the case against accused persons.