SULTAN SHAH LALA Vs. STATE OF M.P.

JUDGEMENT

(1.) This judgment shall govern the disposal of the above appeals and revision, as Appeal No.79/1996 has been filed by the convicted appellants against the judgment 14.12.1995 of the learned V Additional Sessions Judge, Ujjain, in Sessions Trial No.220/1987 by which the appellant No.1 Sultan Shah Lala and No.3 Sarvar Lala (since deceased), have been convicted for an offence punishable under section 326 of the Indian Penal Code while the other appellants have been convicted of the said offence read with section 149 thereof. Each of the appellants has been sentenced to 10 years rigorous imprisonment and Rs.2,000/ - fine, in default of payment of fine, to undergo further simple imprisonment for three months; and, also u/s 148 of the IPC and sentenced to 3 years and fine of Rs.l,000/ -, Criminal Appeal No.153/1996 has been filed by the State against the acquittal of the respondents therein for offence u/s 302 of the IPC for which also, the accused persons were tried. Criminal Revision No. 122/1996 has been filed by the accused against the acquittal of the complainants in the cross case

(2.) BEFORE adverting to the facts of the case, since we find that the criminal revision against the acquittal for offences u/s 147,323 and 149 has been filed in relation to the cross case, at this distance of time, instead of considering the said revision on merits and considering that the offences for which the complainant party in the present case, were tried were trivial, we deem it proper to dismiss the said revision. The learned counsel also does not press the same. This judgment shall, therefore, govern the disposal of Criminal Appeal No.79/1996 and Criminal Appeal No. 153/1996.

(3.) THE injured was rushed to the hospital and report (Ex.P -21) of the incident, was lodged by Abdul Rehman (PW 15). On the basis of the said report. Crime No.332/1987 was registered and the investigation commenced. During investigation, on 15.8.1987, spot map of the place of the incident was prepared. The accused were taken into custody and iron pipes and 'guptis' were recovered from them at their instance. The injured was shifted to Choitram Hospital, Indore, in view of his deteriorating condition. However, he died on 26.8.1987 in the said hospital and his body was forwarded to M.Y. Hospital for post -mortem. Autopsy was conducted by Dr. Ravindra Chaudhary (PW23) who gave report EX.P -9. Prior to the autopsy, while the deceased was alive, he was first seen by Dr.