MAHESH GOUR Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of aforesaid all criminal appeals as they arise out of a common judgment and the same have been filed assailing the impugned judgment dated 01/01/2005 passed by Second Additional Sessions Judge, Sehore, in Sessions Trial No.100/2003 (State of M.P Vs. Mahesh Gour & six others) whereby the appellants have been convicted under sections 302/149 and 147 of the I.P.C. and sentenced each of them to undergo R.I. for life imprisonment along with fine of Rs.10,000/-, in default further R.I for one year and R.I for 6 months, respectively as mentioned in the impugned judgment.

(2.) In this case it is not controversial that Suresh Kumar (PW-5) is father of the deceased Devendra; and Mahesh Uplawadiya (PW-4) is brother of Suresh Kumar (PW-5); and Gajraj Singh (PW-2) is cousin of Suresh Kumar (PW-5); and Brajendra (PW-6) is cousin of the deceased. There were disputes with regard to the land among the deceased and aforesaid witnesses and their family members for long times.

(3.) The case, in brief, is that on 30/01/2003 at 7 PM Lakhan S/o Baldev Singh (PW-1) informed to police station Mandi District Sehore that he and deceased Devendra were talking on the well situated in agricultural field of the deceased near village Chandwadh. The appellants / accused persons who were on two motorcycles came there and stopped and talked amongst themselves. Thereafter accused Lakhan with farsi, Kailash with knife, Kamlesh with gupti and Gaurishankar with dharia (knife like weapon) move towards Devendra and accused Lakhan dealt with a farsi blow on his head, due to which, Devendra fell down and he himself ran to some distance and saw that thereafter, except Mahesh Jageerdar and Mahesh Gour, all the accused persons by means of their weapons assaulted deceased Devendra together and accused Mahesh Jageerdar and Mahesh Gour remained standing near the motorcycles. After the assault, accused Lakhan shouted that our work is over and the accused persons went away on two motorcycles. Thereafter Brajendra (PW-6) and other persons, who saw the incident came on the spot and thereafter Gajraj Singh (PW-2), Mahesh Uplawadiya (PW-4), Suresh Kumar (PW-5) gathered on the spot and after arranging jeep, injured Devendra was taken to District Hospital, Sehore where he was declared to be died and thereafter, he came to lodge the FIR Ex.P-4 registered at Crime No. 26/2003 under section 302, 34 of the IPC. On 31/01/2003 postmortem was conducted.