NARESH Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of both the aforesaid criminal appeals. In Criminal Appeal No. 440/97 appellants were challenged their conviction under Sections 302/34, 324/34, 323/24, 450, IPC and in Criminal Appeal No. 444/ 98 the appellant/State after obtaining leave of this Court has challenged the acquittal of all the five respondents under the aforesaid sections.

(2.) It is not in dispute that during the pendency of Criminal Appeal No. 440/97, appellant No. 2 Buddha S/o Mulchand has expired, therefore his appeal against conviction stood abated. Respondent No. 3 in Criminal Appeal No. 444/98 Mulchand S/o Biharilal has also expired during the pendency of the appeal, therefore, the appeal stood abated against respondent No. 3 Mulchand.

(3.) As per prosecution story, the incident took place on 24-1-1994 at about 8.00 in the night. On that day, appellant Naresh picked up stones, which were kept outside the house of complainant Gyarasibai and started throwing them. Gyarasibai asked him not to do so. Thereon, Naresh started abusing her. Chander had also abused. Thereafter, accused Buddha carrying farsa, Ramesh Barchi, Kallu Luhangi, Munna, Prakash, Mulla, Rajesh and Khilan carrying lathis in their hands started beating Chander with an intention to kill him. Chander ran away from the spot. All the accused persons chased him. Thereafter, in front of the door of the house of Shahzad they surrounded Chander and started beating him. Gyarasibai also came on the spot. At that time, Ramesh assaulted Chander by Barchi on his back and Naresh assaulted by farsa on his head. Chander fell down on the earth. Thereafter, he was beaten by all. When the complainant Gyarasibai tried to save Chander, Ramesh gave one "Barchi" blow from the blunt side which caused injury in the elbow of right hand. Thereafter, another farsa blow was given to the complainant which caused injury in the finger of left hand. Thereafter, all went towards the house of the complainant and entered into her house. Complainant was also coming behind them. Ramesh gave Barchi blow to Rajju (deceased). Rajju received injury in the right rib. Ramesh gave another Barchi blow to Rajju on the right side. Accused Budha assaulted by farsa to Rajju on his back and thereafter all had beaten him. Rajju fell down on the earth and treating him as dead, all the accused persons ran away from the spot. When they were running away, Mitthu was beaten by Prakash by lathi. Thereafter, the complainant saw that Rajju was dead. At the time of beating of Chander, Gopal, Hanif and Haricharan were also present who had seen the incident. It was the prosecution story that the incident took place due to old enmity for taking out water from the field.