JITTU ALIAS JITENDRA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT No. 1 Jittu alias Jitendra is convicted for the offences under sections 148 and 302 of IPC. Appellant Nos. 2 to 6 are convicted for the offences under Sections 147 and 302/149 of IPC. Appellant No. 1 Jittu is sentenced to one year's R. I. and fine of Rs. 1,000/- for the offence under Section 148, IPC and for the offence under Section 302, IPC, he is sentenced to imprisonment for life and fine of Rs. 5000/ -. Appellant Nos. 2 to 6 are sentenced to one year's R. I. and fine of Rs. 1000/- for the offence under Section 147, IPC and for the offence under section 302/149, they are sentenced to imprisonment for life and fine of rs. 5,000/- by the Court of VIII Additional Sessions Judge, Jabalpur, in Sessions trial No. 758/95, decided on 11-2-97.

(2.) ACCORDING to prosecution, on 3-8-95, around 21. 30 hours, deceased mishrilal was returning back to his house. Near Shankar temple on Siddhbaba road, where appellants were standing, when deceased Mishrilal requested them to give him way to go ahead, then appellant Jittu started abusing him and slapped him. Appellant Kesharbai (now dead) reached the spot and exhorted for killing deceased Mishrilal. On her exhortation, appellant Jittu stabbed mishrilal in the stomach, Mishrilal moved back, and then he gave second blow on the scrotum and third blow on the left thigh. Appellants Bharat and shailendra caught deceased Mishrilal. Appellants Bindu, Bharat, Shailendra and Hukki have beaten Mishrilal by fists and twisted the fingers of his hands. On the call for help of deceased, number of people gathered on the spot. Daughter of deceased Sanjeela, Kallu Singh and Mukesh were standing and watching the incident just outside of their house. On account of fear, nobody came forward to help the deceased. There was previous dispute between the family of appellant jittu and deceased about platform and door situated near the house of deceased. Report was lodged by Mishrilal at Police Station, Ghamapur and on the report, offences under Sections. 147,148,149 and 307, IPC were registered against the appellants. Mishrilal was sent to hospital where he died. Offence under Section 307, IPC was modified to Section 302, IPC. Weapon of offence - knife was recovered from Jittu on his memorandum.

(3.) AFTER investigation, appellants were arrested and challan was filed against them in the Court of Judicial Magistrate First Class. After committal of the case to the Court of Sessions, case was made over to the Trial Court. Trial court framed the charges and on denial of the charges by the appellants, evidence was recorded and after recording the evidence, Trial Court convicted the appellants. During pendency of the appeal, appellant No. 6 Kesharbai died and therefore, the appeal, so far as it relates to appellant No. 6 Kesharbai stands abated.