DIRGAN LODHI Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have challenged their conviction and order of sentence passed by Special Judge, Panna, in ST No.24/97 decided on 3.11.1999.

(2.) APPELLANTS have been convicted under section 302/149 and 147 of IPC and sentenced to imprisonment for life with fine of Rs.l,000/ - and one year rigorous imprisonment for the respective offences. Appellants No.1 to 5, 7, 8 and 10 have been further convicted under section 148 of IPC and each of them sentenced to rigorous imprisonment for two years. Appellant No.1 was also convicted under section 324 of IPC, while appellant No.2 was convicted under section 324/34 of IPC and sentenced to RI for one year. All the sentences were to run concurrently.

(3.) ACCORDING to prosecution, on 21.1.1997 at about 6 O' clock in the evening, at village Kupna, complainant Mukesh Choubey was returning to his house alongwith his brother Rajendra, after tying his cattle in his cattle house near 'Hanuman temple'. At that juncture, appellants No.1 and 2, namely, Dirgan Lodhi and Betalal Lodhi armed withfarsa and axe interrupted them on the way and assaulted Mukesh Choubey withfarsa and axe. Complainant Mukesh tried to prevent the blow by his right hand and sustained injuries in his right hand. Complainant Mukesh Choubey and his brother Rajendra tried to run away, but they were chased by appellants No.1 and 2. By the time they reached the doors of their uncle Ramswaroop, appellants Dirgan and Betalal reached there and began assaulting deceased Rajendra (hereinafter to be referred as deceased) with farsa and axe. Other appellants, namely, Nand Kishore (since deceased), Jagbandhan, Rajaram, Suresh, Niranjan, Rakesh, Shiv Prasad, Shri and Pancha also emerged there armed with farsa, axe and lathi and they attacked the deceased and all of them gave him repeated blows by means of farm, axe and lathi with intent to kill him. Complainant Mukesh Choubey somehow escaped and rushed towards his house and shouted for help, then the appellants fled away. Complainant Mukesh and his uncle Ramswaroop and few others then took injured Rajendra to the hospital, but he succumbed to his injuries and expired on way to hospital.