GANGAPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Criminal Appeal Nos. 384/1996 and 28/1997.

(2.) VIDE judgment dated 18-11-1996 in Sessions Trial No. 1/94 all the appellants of both the appeals were tried and convicted by First Additional sessions Judge, Camp Sironj, District Vidisha under Sections 302, 149 and sentenced to life imprisonment. Appellant Deewan Singh has also been convicted additionally under Section 148, IPC and sentenced to six months R. I. All the appellants except appellant-Deewan Singh have also been convicted under Section 147, IPC and sentenced to three months R. I. each, against which they have filed these appeals under Section 374, Cr. PC and have challenged their aforesaid conviction and sentence.

(3.) BRIEF facts of the case are that one Balak Das Bairagi was resident of Village Rusiya. He was having enmity with the appellants. On 4-8-1993 in the evening the complainant Balak Das came back to his house and after sometime when he was going away, Deewan Singh carrying Ballam in his hand and his brothers Ramcharan and Raghuveer carrying lathis came and surrounded him. Deewan Singh abused him and said- be killed. Deewan Singh gave one Ballam blow in the right fore-arm which started bleeding. When Balak Das tried to run away from the spot, all other accused persons gave lathi blows on his legs. He fell down and thereafter he was beaten by all of them by lathis. Hearing noise ramvati, wife of Balak Das and his brothers Bhaiyalal, Ratan Das etc. came on spot. Seeing them all the appellants ran away from the spot. On the same day at about 21. 00 hrs. in the night Balak Das reported the matter to police and 'dehati nalishi' was written by Mr. K. K. Bhargava, In-charge Police Station, Murwas. Injured Balak Das was referred to Sironj Hospital for treatment, where his dying declaration was recorded by Basantilal Malviya, Naib Tehsildar. Next day Balak das succumbed to the injuries. Crime was registered, matter was investigated and charge-sheet was filed. After considering the prosecution evidence, Trial court convicted the appellants and sentenced them as aforesaid, against which they have preferred these appeals.