GENDALA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal the appellants have challenged their conviction under Section 302, 302/149 IPC and sentenced to life imprisonment and fine of Rs. 3,000/- and in default of payment of fine further six months' R.I. Appellants were tried for the aforesaid charges in Sessions Trial No. 294/95 before the IInd A.D.J. Guna and vide judgment dated 30-9-1999, they have been convicted.

(2.) As per prosecution story, on 13-6-1995 between 8-9 p.m. deceased Ramhet accompanied with Guddibai, Nathulal and Gulabbai lodged the report at Police Chocki Ukavad of this effect that he had gone to Raghogarh and he was returning back by the local bus. After getting down from the local bus, he was coming to house. In the way at 8-9 p.m. appellants Paravtsingh, Premnarayan, Gendalal, Kailash and Nannulal armed with farsa and lathi came out from the bushes and beat him. Parvat Singh inflicted lathi blow on the leg, Gendalal inflicted farsa in the left leg, which was cut and fractured and when he fell down Kailash and Nannulal gave lathi blows. On the aforesaid report crime was registered, matter was investigated and after completing the investigation charge sheet was filed.

(3.) During trial prosecution examined as many as nine witnesses and found that the ocular evidence is corroborated by medical evidence and convicted the appellants as aforesaid, against which they have preferred this appeal.