JAGDISH AND ORS Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 27.04.1993 passed by III Additional Sessions Judge, Rewa in Sessions Trial No.112/90 whereby the appellants have been convicted under Section 304 of IPC and sentenced to 7 years R.I. with fine of Rs.2,000/-each in default 6 months S.I and also convicted under Section 325 of IPC and sentenced to 2 years RI with fine of Rs.500/-each in default 6 months S.I. and sentences to run concurrently.

(2.) The prosecution case in brief is that the incident is of 23.02.1990 at about 12 noon of village Naraini, police station Naigadhi, District Rewa. Manbodh lodged the report on the same day at 3:00 p.m. at police station Naigadhi wherein it was stated that land bearing Khasra No.221 area 45 decimal was purchased by him in the year 1973 from Baijnath Somwanshi and was in the joint possession of him and his brother Radhe. In some portion, the houses were constructed and in remaining the crops of Arhar and Lady's finger were sown. Adjacent to it the land is of Mohan and he was also sown the same crops. At 12 noon Mohan, his wife and daughter were harvesting his crop. He prevented them but Mohan told that he is harvesting his land. Some altercation took place. Other appellants also reached there. Mohan inflicted Lathi blow in his head. He fell down and cried for help. Radhe and Jamuna rushed. Jagdish inflicted the knife blow in his shoulder. The appellants caused the marpeet of his brother Radhe and Jamuna by inflicting knife and Lathi blows. Consequently, they sustained the injuries in hand, leg and head. Badri, Ramavtar, Kedar and Mathura came there, the appellants ran away. On this information, the Crime No.23/90 was registered at police station Naigadhi. The injured persons were sent for medical examination.

(3.) The appellants were charged under Section 302 and 307 of IPC that on 23.02.1990 at 12 noon at Village Naraini they committed murder by intentionally or (knowingly) causing the death of Radhe and thereby committed an offence punishable under Section 302 of IPC. They were further charged that on the same date, time and place they inflicted the injuries to Manbodh and Jamuna with such intention or knowledge and under such circumstances that if by that act they had caused their death they would have been guilty of murder and thereby committed an offence punishable under Section 307 of IPC.