SITARAM AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal under Sec. 374 (2) of the Cr.P.C is directed against judgment dated 29.1.2002, passed by First A.S.J, Shahdol in S.T. No. 331/2000 whereby the learned Sessions Judge has convicted the appellants for offence under Sec. 302, 325/149, 148 and 323 I.P.C and sentenced the appellants R.I for life imprisonment and fine of Rs. 1,000/ -, R.I for two years and fine of Rs. 500/ -, R.I for one year with stipulated default respectively to each of the appellants.

(2.) THE factual matrix of the case in brief runs as follows: - - On 20.10.2000 Biharil Lal (PW 2) lodged a repot at Police Station Jaitpur that he has certain agricultural land at village Diyagadh regarding which he had quarrel with the accused Chhannu and others. The complainant Biharilal (PW 2) cultivated paddy in the disputed field. On the date of incident, he was at his home, when his sister -in -law informed him that accused Chhannu is taking away the paddy yield from his field by Cart. He along with Shyam (PW 4) deceased Baljeet, Sobhnath (PW 5), Ramdas (PW 1) went to the field to stop the accused persons. When they reached near the field, accused Sitaram and Ramcharan abused them. They ran towards him armed with axe and lathi and threatened them to kill, if they enter into the field. They inflicted injury on the head of the Baljeet because of which he fell on the ground. When Shyam (PW 3), Sobhnath (PW 4) and Ramdas (PW 1) tried to save Baljeet, accused Sitaram shouted to the other accused persons and exhorted to kill them, so that they should not go alive. Accused Mangaldeen, Chhannu, Bharat and Puran armed with lathi, farsa, danda and stone ran after them and started inflicting injuries to the complainant party. They inflicted injury to Baljeet to such an extent that he died there only. Complainant Bihari (PW 2), Shyam (PW 3), Sobhnath (PW 4), Ramdas (PW 1) sustained injuries. Baljeet, Ramdas, Shyam received grievous injuries.

(3.) ON the death of Baljeet, report Ex. P/2 was lodged. Dead body of Baljeet was sent for post mortem and other injured persons were medically examined. The accused persons were arrested. On their memorandum different weapons were seized. Charge sheet has been filed.