RAMHET Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and sentence dated 9.9.2002 passed by Shri R.K.Jain Fourth Additional Sessions Judge (Fast Track Court), Shivpuri in S.T.No.108 of 1999 by which, the appellants-accused have been convicted under Section 148,304 Part II/149, 325/ 149 (Four counts) and 323/149 (Three counts) of Indian Penal Code and sentenced to undergo rigorous imprisonment for 18 months with fine of Rs.100/- each under section 148 of IPC, Five years rigorous imprisonment with fine of Rs.200/- each under Section 304 Part II read with section 149 of IPC, two years rigorous imprisonment with fine of Rs.100/- each under section 325/149 (four counts) and Three months Rigorous imprisonment with fine of Rs.100/- each under Section 323/149 (three counts). All the sentences are to run concurrently and in default of payment of fine, they are further directed to undergo 15 days, 1,1 and 1 month's R1 respectively.

(2.) The case of prosecution in brief is that on 2.10.1998 complainant Bhamru S/o Bhulla Jatav (PW6) lodged Dehati Naliahsi Ex.P/16 in injured condition at Police Station Sirsaud that appellants no.1 to 4 Ramhet, Dara Singh, Madho Singh and Hakim Singh assaulted him and his brother Govinda (PW15) on previous night at 8 PM. Next morning i.e. on 2.10.1998 while they were going on bullock cart to lodge report accompanied with Rajaram (PW14) Ramdayal (PW12), Manphool (PW16), Parsadi (PW11), Gore (PW13), deceased Pragi, Bhimma (PW18), Sripati (PW2) and Kripasi (PW17) and when they reached Sirsaud Shivpuri Road near Gas Pipeline, they saw appellants/accused and co-accused armed with farsa, lathi, luhangi and axe. Appellants-accused and other co-accused started beating them by means of above weapons and inflicted injuries to Gore (PW13), Bachnu (PW11), Amroo (PW10), Santo (PW19) Ginni (PW1), Rajaram (PW14), Govinda (PW15), Ramdayal (PW12), Manphool (PW16) and Parsadi (PW11). Imrat, Khargi, Pritam, Lohare, Hazari, Pragi, Bhimma, Kripasi and Sripati ran away from the spot and appellants chased them for beating. On the basis of Dehati Nalishi, First information report Ex.P/47 was lodged. All injured were sent for medical examination. Skiagraphy of injured Rajaram (PW14), Parsadi (PW11), Bhamra (PW8) and Manphool (PW16) was conducted and fracture of fibula metacarpal bone, right clavicle and left radius bone which is Ex.P/4 to P/11 was detected. Pragi died after four days of the incident. Autopsy on the dead body of deceased Pragi was conducted two times. Farsa, lathi, luhangi and axe were seized as per Ex.P/30 to P/37, Ex.P/39 to P/45 from all the appellants- accused and other co-accused by D.S.Bhadoria (PW26) Investigating Officer. Spot map Ex.P/7 was prepared. After investigation, charge sheet was filed in the Court of CJM, Shivpuri from where, the case was committed to the court of session.

(3.) The appellants with other co-accused were prosecuted, charged and tried for committing offence under Section 302/149, 325, 324 and 323/149 of IPC. Learned trial court acquitted co-accused Jagannath, Maniram and Uttam Singh under section 148, 302/149, 325, 324 and 323/149 of IPC. The appellants were acquitted of the offence under Section 302/149 and 324 of IPC but convicted under Section 148, 304 Part II/149, 325/149 (four counts) and 323/149 (three counts), hence, this appeal.