SHANKAR & ORS Vs. STATE OF M P

JUDGEMENT

(1.) These two appeals have been filed against the common judgment dated 07.10.2006 passed in Sessions Trial No. 160/2004. Both the appeals have been heard together and are being decided by this common judgment.

(2.) The appellants were prosecuted for commission of offences punishable under Sections 302/149, 148, 450 and 323/149 of the IPC and have been sentenced for life with fine of Rs.100/-, R.I. for one year, R.I. for four years with fine of Rs. 100/- and R.I. for nine months respectively with default stipulations. The trial Court has held the appellants guilty for commission of offences, hence, awarded the punishment under Sections 302/149, 148, 450 and 323/149 of the IPC.

(3.) The Prosecution story in brief is that the deceased Ramkumar was living adjacent to Shankarlal, who is the elder brother of the deceased. At around 10 O'clock Shankarlal returned back from the house of his daughter Saroj Bai and because she was not sent along with Shankar in the night, Ramkumar all the ladies of the family and Dindayal were talking to each other. At that time the accused persons Shankar, Naresh, Lekhram, Ramdas, Bhagga came there. They were armed with Gadasi, Farsa, Ballam and Lathi. They entered the house of Shankar and abused him. They told him that why he had not performed marriage of Saroj with Naresh. Thereafter they had tied Ramkumar by a nylon cord and had taken him near a tree of Kanji. They had beaten the deceased Ramkumar. The family members tried to save him, they had also inflicted injuries on the family members. In that incident Shankar elder brother of the deceased, Hemlata, Sheela Bai, Gulab Bai received injuries. The report of the incident was lodged at the police station. The police conducted investigation and filed charge-sheet against the accused persons. The appellants/accused abjured their guilt during trial. The trial Court after trial held the appellants guilty for commission of offences mentioned above in the judgment.