BASANT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal under Section 374, Cr. P.C. against the judgment of conviction dated 7-1-1998 passed by the Additional Sessions Judge Sabalgarh District Morena in Sessions Trial No. 17/96, whereby convicted the appellants under Section 302/34, IPC and awarded the sentence of life imprisonment to each of them with fine of Rs. 1,000/- and in default of payment of fine, further imprisonment of two months each.

(2.) As per prosecution story, the incident took place on 12-10-1995 at about 1.30 p.m. in the noon. Deceased Noori Khan and appellants are the resident of village Battokhar under P. S. Sabalgarh. Deceased Noori was running a shop in the village. On the date of incident Siyaram, Sikandar and Kammod Singh were sitting on the shop of Noori Khan. At the same time, one Mangilal Jatav came from the side of the house of the appellant Basant Singh and demanded the pocket of 'bidi' and match box, but Noori refused to give him saying that because he is in the company of Basant Singh and Lakkhu Rawat, therefore he will not give him 'Bidi' and match box. At the same time, Basant Singh came at the shop of Noori and threatened him that why he is taking his name and there was wordy quarrel between them. The persons, those who were present on the spot, tried to intervene and thereafter Basant Singh went to his house and Noori also went to his house. Noori Khan informed about the incident of wordy quarrel on his shop to his brother Tofaniya and said that because Basant Singh has quarrelLed with him without any reason, therefore he will beat him. Noori Khan was under intoxication and after taking gun from his house he came back to his shop. After some time appellant Basant Singh carrying 'Kulhadi', Dinesh Singh carrying ballam and remaining two appellants Umesh Singh and Bhansingh were carrying lathi in their hand went towards the shop of Noori and thereafter there was again wordy quarrel between them. At the same time, Bhansingh caught hold Noori Khan and Basant Singh inflicted 'Kulhadi' blows on the head of Noori Khan, who was injured and fell down on the earth. Dinesh and Bhansingh both caught his legs and he was dragged towards the Gali, where Dinesh assaulted him by Ballam. As per prosecution story, thereafter Bhansingh and Umesh also inflicted lathi blows to the deceased Noori Khan. Hearing the noise Peeru came on the spot and had seen the incident. Peeru Khan and Tofaniya both restrained the appellant from beating but when appellants also tried to beat them, they ran away from the spot. Tofaniya also came on the spot and he had seen that Noori Khan was bleeding from his head, nose and mouth. Peeru Khan informed the incident to Bhulla Shah, brother of Noori Khan. Noori Khan died on the spot. It was also the prosecution case that the gun of Noori was also snatched by the appellants. Thereafter, Bhulla Shah along with Mansingh went to the police station and lodged FIR. Crime was registered, matter was investigated and charge sheet was filed. During trial all the appellants abjured their guilt. Their defence was that they have been falsely implicated. Noori Khan was under intoxication of liquor. He himself fell down on the earth and died and they have been falsely implicated on the basis of the groupism in the village.

(3.) In the trial, prosecution examined nine witnesses and in defence three witnesses were examined. Trial Court after considering the evidence convicted all the appellants under Section 302/34, IPC and sentenced to them for imprisonment of life and fine of Rs. 1,000/- each as aforesaid, against which all the appellants have filed this appeal.