GHASIRAM Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the order of their conviction and sentence passed by Fourth Additional Sessions Judge, Bhopal in S.T. No. 36/94, decided on 7.10.1996, appellants have preferred this appeal.

(2.) Appellants have been convicted under Section 302/34, 307/34 and 324/34 of I.P.C. and sentenced to imprisonment for life, rigorous imprisonment for seven years and one year for the respective offences by the impugned judgment. All the sentences were to run concurrently.

(3.) According to prosecution, on 24.10.93, at about 4 'O'Clock in the evening at village Dewalkheda, district Bhopal, complainant Bapoolal had gone to 'Chunniwala Khet' to see his crop of soyabean. His two sons, namely, Parwat Singh and Hari Singh and brother Ram Singh had also followed him to the field and were at the distance of one field. When complainant reached his field, he saw that appellant Ghasiram had collected some of his soyabean crop in his custody. When the complainant objected to it, appellants Ghasiram, Khushilal, Bharat Singh and Nanibai, all armed with axe, pipe and karpa (a spear like weapon), surrounded him and attacked him. Appellant Khushilal gave a pipe blow on the scalp of the complainant. When complainant fell down, appellant Bharat Singh assaulted him with Karpa. Appellants Ghasilal and Nanibai assaulted him with axe and chopped of his legs. When complainant's brother Ram Singh and sons Parwat Singh and Hari Singh rushed to his rescue, all the appellants turned at Parwat Singh to kill him and appellant Bharat Singh assaulted him with wooden side of Karpa on his scalp and Parwat Singh fell down. Appellants Ghasiram and Nanibai chopped of his legs by axe. Appellant Khushilal also assaulted him and Ram Singh with the iron pipe and other appellants also assaulted Ram Singh as well as Hari Singh. Complainant's wife Pyaribai, who was coming towards the field, also witnessed the incident. Complainant's son Parwat Singh died on the spot as a result of assaults made on him by the appellants. Complainant Bapoolal and his brother Ram Singh and son Hari Singh also sustained injuries in the incident.