MANGILAL Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 9.9.2000 passed by learned Additional Sessions Judge, Ashta district Sehore in Sessions Trial No.237/98 convicting the appellants under Sections 148 and 302/149 of IPC and sentencing them to suffer RI of one year and fine of Rs. 1000/-, in default, R.I. for 3 months each under Section 148 of IPC and life imprisonment and fine of Rs.3000/-, in default, R.I. for one year each under Section 302/149 of IPC, this appeal has been preferred by appellants under Section 374(2) of Cr.P.C. 1973.

(2.) In brief the case of prosecution is that the partition of ancestral land took place between Inder Singh (hereinafter referred to as 'the deceased') complainant Udai Singh and accused persons Bhairu Singh, Takhat Singh and Narbat Singh one year prior to the date of incident. It is alleged that two acres of land fell excess in the share of accused Bhairu Singh etc. and this excess land was being demanded by complainant Udai Singh, and the deceased, however, the accused persons were adamant and were not releasing the said land and this made a point of enmity between the complainant party and the accused persons.

(3.) It is the further case of prosecution that four days prior to the date of incident (incident took place on 26.9.1998) accused persons Dhiraj Singh, Kumer Singh and Mangilal refrained the deceased to cut the grass and gave threat to him. It is said that again on the date of incident i.e. 26.9.1998 the deceased went to cut the grass and was coming back' at 6 in the evening. At that juncture witness Balwan Singh was going little ahead to him and another witness Udai Singh was 25 yards behind the deceased. When these persons reached nearby the field of Madan Singh at that juncture, the accused persons, who were hidden behind the bushes of the field of Takhat Singh, came out and encircled the deceased. It is said that Dhiraj Singh and Mangilal scolded and said thereafter Dhiraj Singh by 'Farsi' dealt the blow to the deceased which landed on his forehead, Mangilal dealt 'Ballam' blow on both the legs of the deceased and Kumer Singh dealt the 'Ballam' blow on his head, Bahadur Singh by axe on the legs, Narbat Singh by lathi dealt the blows on the head, hands and back, Bhairu Singh by 'Karpa' on the right leg, Narbat Singh by lathi on the hands and legs of the deceased. It is said that Dhiraj and Bahadur rushed to assault Balwan Singh and accused persons Bhairu Singh, Narbat Singh and Mangilal rushed to assault Udai Singh as a result of which these two persons fled from the place of occurrence. Witness Balwan Singh came to the village and told the incident to Jagannath, Jivan Singh and Lakhan Singh and brought them to the place of occurrence. By that time accused persons fled from the place of occurrence. The deceased was lying unconscious in the field of Mardan Singh. Thereafer, Udai Singh and Balwan Singh and the inhabitants of the village brought the deceased in a Metador vehicle to the Government hospital, Ashta where the doctor declared the deceased to be dead. In the night at 9.40 Dr.R.C.Gupta sent the written report to the police station that the deceased has been brought in serious condition for treatment at 9.05 P.M., however, immediately thereafter at 9.15 p.m. the deceased died. The police station Ashta recorded the 'Marg Intimation' under Section 174 Cr.P.C.