GODHAN & ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants being aggrieved by the judgment dated 25.11.1994 passed by Additional Sessions Judge, Chhindwara, in Session Trial No.101/1992, whereby the appellants have been convicted for offence under Section 148 of Indian Penal Code and sentenced to 6 months RI and under Section 302 / 149 of Indian Penal Code sentenced for life imprisonment with fine of Rs.200/- each and in default of fine additional RI for 2 months.

(2.) In brief the prosecution case is that, on 18.10.1990 at about 6 pm, at village Bilawar Khurd, the appellants constituted unlawful assembly with common object to kill the deceased (Abbuji). They armed with deadly weapons inflicted fatal blows to the deceased, Abbuji when Bhaddu, Beni, Vishnu and Sohaglal came to rescue Abbuji, the appellants ran away from the spot. The witnesses, took injured Abbuji to police station and on the report of complainant Abbuji, offence has been registered under Sections 307 , 147 , 148 and 149 of Indian Penal Code. Abbuji died during the treatment in the hospital. After investigation the charge sheet has been filed against the appellants under Sections 302 , 147 , 148 and 149 of Indian Penal Code.

(3.) After committal of the case, trial was conducted by the trial Court under Sections 148 , 302 r/w Section 149 of Indian Penal Code and charges were framed. The appellants abjured guilt and pleaded that they have been falsely implicated by the complainant party with the help of Police. No defence witness has been examined by them. During the trial accused Hardayal died.