HAJARI & ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment dated 24.01.2007, passed by learned Sessions Judge, Panna in Sessions Trial No. 70/2006, whereby the appellants have been found guilty of an offence punishable under Section 302/34 of IPC, and have been sentenced to life imprisonment with fine of Rs. 500/-each, and in default thereof a further rigorous imprisonment of one month each. Under Section 323/34 IPC, the appellants have been sentenced to R.I.for three months each.

(2.) The prosecution case, in brief, is that on 9th May,2006 at around 8 AM in the morning the four accused persons surrounded the deceased Pannalal and with a common intention to kill him, assaulted him with lathis.

(3.) According to the prosecution, Sunil Yadav (PW.10) went for grazing his goats where on account of some dispute, the accused persons gave a beating to Sunil (PW.1) who thereafter came home and informed his father Pannalal (the deceased). Pannalal then went along with Sunil (PW.10) to pacify the matter with the accused persons, however, he too was also assaulted by them with lathis and suffered grievous injuries. Pannalal was admitted in Government District Hospital, Panna from where he was referred to Gwalior, but enroute he succumbed to the injuries. According to prosecution, the incident was witnessed by Hakkibai (PW.2) and Rajju (PW.3).