GANGARAM AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence recorded in Sessions Trial No.346/1995 on 11.08.1999 by the Additional Sessions Judge, Chachauda Camp Guna (M.P.); whereby the appellants have been convicted having been found guilty of offence under Sections 147, 302/149, 325/149, 324/149, 323/149, 323/149, 323/149, 323/149, 323/149, 323/149 IPC and sentenced respectively for one year's RI and a fine of Rs.500/-, rigorous life imprisonment and a fine of Rs.5,000/-, three years' RI and a fine of Rs.3,000/-, Two Years' RI and a fine of Rs.1,000/-, six months' RI and a fine of Rs.500/- on each of six counts and the default sentence.

(2.) That crime for offence punishable under Sections 307, 324, 325, 147, 148, 149 IPC was registered vide Crime No.48/95 (Ex.P-3) against appellants on the complaint of one Solal S/o Girdhari (PW-10) at Police Station Kumbhraj on 19.08.1995 that in the morning fight had taken place between Shankarlal, Babulal Lodha with Sarpanch Shriram's Son Ramnarayan. In the evening at sunset Shriram Sarpanch (A-20), Biram (A- 18), Devlal (A-5), Gyarasiram (A-6), Shrilal (A-7), Gangaram (A-1), Kamarlal (A-8), Ramesh (A-9), Nathulal (A-10), Laxminarayan (A-17), Solal (A-11), Kanhaiyalal, Moolchand (A-19), Navneet Ram (A-3), Daula (A-12), Bhima (A-13), Hiralal (A-21), Dhurya (A-4), Bansilal (A-2), Hazari (A-14), Parmanand (A-16), Bala Bux (A-15), Ram Narayan Lodha armed with farsi, lathi, ballam, spear came there and A-1, A-2, A-19, A-3, A-4 bet Shankarlal (PW-11) and Babu Lodha (since deceased). Hearing the noises Sushilabai (PW-5) daughter of Amarlal gave a call that Babulal and Shankarlal are killed. On this, Solal (PW-10), Babulal S/o Girdhari (PW-6), Bala Bux (PW-7), Pana Bai (PW-4), Shantibai (PW-2), Rodibai (PW-1), Kesharbai (PW-9), Gendilal, Panchulal (PW-8) came to intervene, they too were beaten by Shriram A-20, Devlal A-5, Gyarasi A-6, Shrilal A-7, Kamarlal A-8, Ramesh @ Barya A-9, Nathulal A-10, Sholal A-11, Kanhaiyalal, Daula @ Daulatram A-12, Bhima A-13, Hira Lal A-21, Hazari A-14, Parmanand A-16, Bala Bux A-15, Ramnarayan, Laxmi Narayan A-17 and Viram @ Virma A- 18 by lathis, farsi, ballam and spear with an intention to kill causing multiple injuries.

(3.) The injured Babulal S/o Prabhulal was escorted in unconscious state to PHC, Kumbhraj where he was examined by Dr. A.D. Vinchurkar (PW-13) who vide injury report (Ex.P-56) found following five injuries on his person: