GANGARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE four appeals are by the four accused persons convicted in the same sessions trial separately or in batches (one of them being duplicated). They had been sent up under sections 302 and 302 read with sections 149 and 148, Indian Penal Code. However, the charge regarding unlawful assembly having failed, they were acquitted of the counts under sections 148 and 149. THESE four out of nine persons accused were convicted under section 302 read with section 34 and sentenced to imprisonment for life. The offence concerned was the killing of Yeshwantrao alias Balu by several persons attacking him, one using a gun, another using an axe and others using lathis, death being instantaneous. All, it was alleged, were attacking the deceased in furtherance of their common intention of causing such injuries as would necessarily cause death.

(2.) CRIMINAL Revision No. 344 is an application by State for the enhancement of punishment and the awarding of death penalty in view of the seriousness of the crime.

(3.) YADAVRAO had made certain complaints to the higher authorities of the co-operative department who were to hold an inquiry sometime on the 31st March 1964. On the previous day, that is, the 30th March, the members of both the factions had been busy moving about; YADAVRAO for his part had been to Indore and was back at about 9-0 P. M. He lives in one of the new huts or one part of the new block of buildings put up at a short distance from the main village, while in another part of the same building, the appellant Kalu was living, he being both a member and the chowkidar of the society. In course of that day chowkidar Kalu had collected a number of his friends and relations among whom were several of the persons accused here including Hariram, Chhotelal, Pannalal and Champalal. They had been feasting and making merry probably over some liquor till about 9.30 P. m. or so. Whether it was a mere coincidence or whether they were waiting to see when YADAVRAO might be returning, the latter did return while they were still at Kalu's house. In YADAVRAO's own house now there were, besides himself, his wife who had been injured and is an important witness here, his nephew Yeshwantrao alias Balu, who has been killed, and some younger children who have been referred to but are not witnesses.