NANNULAL AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant Criminal Appeal is preferred to challenge the judgment dated 6.1.1999 passed in Sessions Trial No. 337 of 1994 by Sessions Judge, Guna, whereby the Trial Court convicted the appellants for commission of offences punishable under Section 302/149, 148, 325/149 and 323/149 of IPC and sentenced to undergo Life Imprisonment and fine of Rs.2000/- each for the offence under Section 302/149 IPC; three years under Section 148 IPC; five years RI and fine of Rs.500/- each under Section 325/149; and, one year RI under Section 323/149 of IPC, with default stipulation. All the sentences have been directed to run concurrently.

(2.) The facts necessary to be stated for disposal of the instant appeal are that as per prosecution case, Complainant Babulal (PW-2) lodged a report that on 5.6.1994, at about 8.00 am, his brother Nannulal S/o Mishrilal (deceased) went for purchasing and he was in his house. On hearing the cries of children, he immediately rushed to the spot and saw that Nannulal S/o Prabhulal, Prabhulal, Girraj, Ashok, Raju, Harish, Shobharam, Daulatram, Laxman, appellant No.9-Nandkishore, Nirbhay, Kallu and Badri were armed with Farsa; accused Vitthal, Nandu and Jagannath were armed with Gun; and, accused Laxman and Govind were armed with lathis. They were beating Nannulal S/o Mishrilal (deceased). The accused who were armed with Gun were standing there to stop the persons coming for rescue of Nannulal. Babulal (PW-2) and other persons of the village, namely, Bhagwanlal (not examined), Nandlal (PW-7), Nandkishore (PW-5), Lallu (PW-21), Govind (PW-20), Raghuveer (not examined), Ramswaroop (PW-19), Bharosa, Krishna Gopal (not examined) and Girdhari (PW-17) rushed to save the deceased Nannulal but they were beaten by the accused persons. The accused who were armed with guns fired the shots on the abovesaid persons, resulting in the pallet injuries to Bhagwanlal, Bharosa, Raghuveer, Nandkishore, Lallu and other persons standing nearby the spot. It is further alleged that appellant No.8-Laxman inflicted two injuries to Babulal (PW-2) in his both hands by means of lathi, appellant No.21-Prabhulal inflicted injury on the head of Babulal by the sharp side of Farsa. When all the persons from complainant side were running away from the place of occurrence with the body of Nannulal S/o Mishrilal, the appellants Kallu, Genda R/o Goriya @ Gorelal Chodga, Badri Kishan, Genda S/o Kishan and Ramswaroop pelted the stones from behind, which hit Babulal and other persons. They reached to their home and found Nannulal dead, who was having injuries on the hand and head. After his medical examination at District Hospital Guna, Babulal (PW-2) went to lodge the FIR (Ex.P/68) at Kotwali Guna.

(3.) The appellants abjured their guilt by taking a plea that they were doing their election work at the election office, where deceased Nannulal S/o Mishrilal, Babulal and other persons came, abused them and caused marpit and the present incident had taken place in their self-defence. The appellants further submitted that they have also lodged the FIR (Ex.D/19) against Babulal (complainant of the present case) and others, on the basis of which the police has registered the case against the complainant party at Crime No.63/1994 for the offences punishable under Sections 451, 323, 324, 147, 148, 149 of IPC. In support of their defence, they have examine three witnesses, namely, Dr. M.K.Jain (DW-1), Hajarilal (DW-2) and Dr. Y.S.Agrawal (DW-3). They have also produced the documentary evidence Exts. D/1 to D/20.