VIPDA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants, above named, have challenged the judgment dated 19th December, 1996 of the learned Additional Sessions Judge, Shujalpur (District Shajapur) in Session Trial No. 378/1992 by which the appellants have been convicted under Section 148 and each has been sentenced to rigorous imprisonment for one year; under Section 302/149 and each has been sentenced to imprisonment for life; under Section 325/149 and sentenced to one year's rigorous imprisonment, as also under Section 323/149 of the Indian Penal Code to rigorous imprisonment for six months. All the sentences have been directed to run concurrently.

(2.) THE case arises from an incident dated 22nd of July, 1992 of which report was made at 6. 30 p. m. , by Rajjupuri (P. W, 5) at Police Station, Shujalpur. According to the case of the prosecution, at 12. 00 noon, on that date, deceased Vinod was in the field called 'nania Khedi' in the company of Madhu (P. W. 10) and Sumer Singh (P. W. 8) where he had gone with the Tractor of Narayan Singh Parmar for sowing operation. While he was sowing Soybean with the help of Dilip and others who had accompanied him, at about 4. 00 or 4. 30 in the afternoon, accused Dropadibai and Leelabai and other members of their family namely; accused Vipda Prasad, Geeta Prasad, Shambhulal and Chunnilal arrived and started quarreling. Vipda Prasad and Geeta Prasad assaulted them with Axe and Ballam and caused injury to Vinod with a Sword with the result Vinod fell down. The other persons tried to save themselves but they were belaboured. Vipda Prasad and Geeta Prasad and their companions and also Dropadibai and Leelabai started shouting. Vinod fell down. Rajjupuri (P. W. 5) ran towards Mandi and thereafter boarded a Bus and came to the Hospital with Narayan Singh. Vinod Singhvi was assaulted by Vipda Prasad and Geeta Prasad by weapons like Axe and Ballam (spear), while Shambhulal and Chunnilal also assaulted him with lathi. As a result of the assault, he died.

(3.) ON the basis of the report (Ex. P-6), an offence under Section 302/34 of the IPC was registered. The body of the deceased Vinod was forwarded to the Hospital for examination and post-mortem examination while the injured were sent to the Hospital for treatment of their injuries. The accused persons were arrested and on the basis of the disclosure made by them, weapons were recovered at their instance. The seized articles were sent to the Forensic Science Laboratory for examination and after completion of the investigation, the accused were prosecuted. On being charged for offences under Sections 148, 149, 302, 149/323, 149/325 and 149/327 of the IPC, the accused denied having committed any offence and pleaded that they were innocent and that they had been falsely implicated on account of enmity. However, they did not adduce any evidence in their defence. On trial, the learned Addl. Sessions Judge, found them guilty as hereinabove stated and convicted and sentenced them. The appellants have, therefore, challenged the said judgment.