KRISHNA BAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Krishna Bahadur has been found guilty under Section 302 of IPC for committing murder of Jagdish Prasad and sentenced to life imprisonment with a line of Rs. 5,000/- in default imprisonment for 6 months, by Additional Sessions Judge, Mauganj, District Rewa, vide judgment dated 28-1-2003 passed in S. T. No. 36/2002. Being aggrieved by the aforesaid finding and sentence appellant Krishna Bahadur has preferred this appeal.

(2.) ACCORDING to the prosecution on 8-9-2001 at about 3. 00 P. M. in Village Raghunathgad of District Rewa, appellant Krishna Bahadur along with Vishnu and Dinesh had given a beating to the complainant's brother-in-law Sanath Kumar. Complainant's husband had taken him to I Ianumana for lodging the report. Complainant Savita, her father-in-law Jagdish Prasad (the deceased), daughter Krishna Kumari and son Dayashankar @ Babbu had also escorted them up to Ghogum. While they were returning back from Ghogum to their house at about 6. 00 P. M. in the evening and when they reached their village near the house of Sobhnath, appellant Krishna Bahadur alongwith 8 other co-accused persons including the absconding accused Mithailal emerged there armed with lathis. Appellant Krishna Bahadur abused and told them that they had gone to lodge the report, so they will be done to death. Thereupon, complainant Savita her daughter Krishna Kumari and son Dayashankar @ Babbu all became frightened and ran towards the fields but complainant's father-in-law Jagdish Prasad lagged behind and he was attacked and assaulted by the appellant and other co-accused.

(3.) FIRST of all, appellant Krishna Bahadur gave him a lathi blow on his head and then absconding accused Mithailal gave a lathi blow on his neck. When Jagdish Prasad fell down, appellant Krishna Bahadur exhorted other co-accused persons to kill him. Consequently, all other accused persons assaulted the deceased with lathis and kicks and fist. On complainant Savita's shouting for help from the field, Chotelal, Ramkali and Swami Sharan and some other villagers came to their rescue but the appellant and other co-accused persons escaped and ran away towards Kailashpur. Complainant Savita, her daughter Krishna Kumari and her son Dayashankar @ Babbu then came to Jagdish Prasad who was injured and lying there unconscious with bleeding from head injury. While he was being taken away to Hanumana he succumbed to his injuries at about 10. 00 P. M.