HARI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appeals have been preferred by the accused/appellants aggrieved by judgment dated 6. 8. 1999 passed in S. T. No. 97/1997 by Sessions judge, Raisen. The accused/appellants have been convicted for commission of offence under sections 148,435 r/w 149,436 r/w 149, 302 r/w 149 and 323 r/w 149 of IPC. Accused Om Prakash has also been convicted for commission of offence under section 394 IPC. The accused/appellants have been sentenced under section 148 IPC to undergo R. I. for six months, under section 435 r/w 149 ipc to undergo 3 years R. I. and fine of Rs. 500/-, in. default to undergo further six months imprisonment, under section 436 r/w 149 IPC to undergo R. I. for 3 years and fine of Rs. 500, in default to undergo further six months imprisonment, under section 302 r/w 149 IPC to undergo life imprisonment and fine of Rs. 2000/-, in default to undergo further two years imprisonment and under section 323 r/w 149 ipc to undergo R. I. for six months. Accused Om prakash has also been sentenced under section 394 IPC to undergo 5 years RI and fine of Rs. 1000/-, in default, to undergo further 6 months imprisonment. Sentences have been ordered to run concurrently. The amount of fine of Rs. 1,54,000/- on being deposited, has been ordered to be paid to Komal Bai, widow of deceased Ramgopal under section 357 Cr. P. C.

(2.) THE prosecution case in short is that on 23. 1. 1997 at about 8 PM all the accused persons formed unlawful assembly and in furtherance of their common object, came to the house of Ramgopal (deceased ). Accused Prem Singh Lodhi, baijnath Lodhi, Baliram Lodhi, Ramlal Rathore, Netram Rathore, Prakash Rathore, Daulatram Lodhi, Pratap Singh Lodhi, Kamal Singh Lodhi, Shivcharan Lodhi, Harisingh Lodhi, Omprakash Lodhi, Maharaj Singh Lodhi, Kalyan Singh Lodhi, Kamal Singh, Daulat Singh, Halke Singh, Lakhan Lodhi, Hemraj Lodhi, Gourelal Lodhi, Shaitan Singh Lodhi, Bahadur Singh Lodhi, Sardar Singh Lodhi, Jagannath lodhi, Hansraj s/o Jagannath Lodhi, Devi Lodhi, Ganesh Lodhi, Buddha Lodhi, Somat Singh Lodhi, Phool Singh Lodhi, Narayan Singh Lodhi, Hari Singh s/o Dharamchand Lodhi, Arjun Singh Lodhi, Gappu @ Ghansunder Lodhi, Aashram ka Baba Rambabu Lodhi along with 3-4 others persons came to the house, as mentioned by Badam Singh in Dehati Nalishi lodged at 21. 40 pm on 23. 1. 1997. Initially stones were pelted, thereafter house, motorcycle and tractor were set ablaze. Some of the accused persons entered the house and inflicted injuries on the person of deceased Ram Gopal with sword, katarna, trident, lathi etc. Several other persons Badam Singh, Rekha Bai, Mousam Bai, Sajjan Bai, Nadani Bai, teeran Singh, Bharat Singh, Rajesh, Ashok, Sheshram, Mahesh, Kala Bai and Mohan Singh sustained injuries. There was enmity between the parties as to the Patel ship of village. Father of complainant Mohan Singh was Patel of village and few days before. Shaitan Singh Maina committed rape on the daughter of Badam Singh Lodhi, which were also the cause of the incident. Deceased Ramgopal was initially examined by Dr. Kailash Bihari Bajpai (PW-4) at District Hospital, Raisen at 10. 15 PM on 23. 1. 1997. He has submitted report (Ex. P-23 ). Autopsy was performed by Dr. S. S. Kushwaha (PW-5) who has submitted report (Ex. P-28 ). Investigation was done. Accused persons were arrested, seizure was made. After due investigation accused were charge sheeted.

(3.) THE accused abjured the guilt and contended that they have been falsely implicated in the case due to enmity. They have been convicted and sentenced by the Trial Court. Dissatisfied thereby the appeals have been preferred by the accused/appellants.