BHAGWANLAL & ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the appeals are connected with the common judgment dated 30/01/1999, passed by Sessions Judge, Guna (MP) in Sessions Trial No.111/1994, hence, the present appeals are hereby disposed off, by the present common judgment.

(2.) The appellants have challenged judgment dated 30-01-1999, being aggrieved with their conviction of offence under Section 302 or 302 r/w 149 and Section 148 of IPC, whereas each of them have been sentenced to life imprisonment with fine of Rs.1,000/- and three years" rigorous imprisonment respectively.

(3.) Prosecution"s case, in short, is that on 23-03- 1994 at about 09:00 pm complainant Shivcharan (PW-1) along-with deceased- Bhaiyalal etc. were present at their field at Village Sakatpur. They were sitting near the well. At about 09:00 pm, appellants- Kallu, Harkishan and Jai Singh went to that field having a bullock cart. They tried to pass the bullock cart through the field of deceased Bhaiyalal and, therefore, Bhaiyalal went near the bullock cart and prohibited them to pass the bullock cart through his field. The appellant-Kallu gave a blow of ''ballam'' causing injury near the ear of deceased- Bhaiyalal. On shouting of Bhaiyalal, witnesses Shivcharan (PW- 1), Radheshyam (PW-5) and Jamunalal (PW-8) went to the spot. When they asked the appellants as to why Kallu assaulted deceased-Bhaiyalal, then they started quarrel. On shouting of Kallu, other appellants, namely, Haricharnan, Kamal Singh, Laxman Singh, Lal Singh, Mangilal, Bhagwanlal, Toran and Ramcharan came to the spot. Bhagwanlal and Mangilal exhorted their companions and they started causing assault upon Jamunalal, Bhaiyalal, Radheshyam and others. Appellants-Toran Singh and Harkishan gave blows of sticks on the deceased Bhaiyalal, whereas the remaining appellants caused injuries to other victims like Shivcharan, Radheshyam and Jamunalal etc. Due to such assaults done by the appellants, Bhaiyalal had expired at the spot. Shivcharan could not visit the police station due to fear of the appellants, whereas the appellants ran away with the help of a tractor of Man Singh.