GOPAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 30. 6. 2000 passed by the illrd Additional Sessions Judge, Shivpuri (M. P.) in ST No. 57/93 by which the appellant No. l Gopal and appellant No. 2 Trilok singh have been convicted under Section 326 of IPC and sentenced to undergo rigorous imprisonment for four years each with a fine of Rs. 5,000 each. Appellant No. 3 lakkhu alias Lakhan Singh has been convicted under Section 326 read with Section 34 of IPC and sentenced to undergo rigorous imprisonment for four years with a fine of Rs. 5,000. Further, all the appellants have also been convicted under Section 367 of IPC and sentenced to undergo rigorous impris-onment for four years each with a fine of rs,l,000 each with default stipulations.

(2.) DURING the pendency of this appeal, appellant No. 4 Pappu alias Satpal expired, therefore, this appeal so far as it relates to the appellant No. 4 Pappu alias Satpal is dismissed being abated.

(3.) THE case of the prosecution, in short, is that on 4. 10. 92 Kalyan Chahd Jain (PW3)along with Babulal Yadav (PW4) lodged the report at police station Kotwali that his brother Munnalal Jain (PW1) was having hotel which was dismantled due to encroachment and Yadav Hotel which belongs to Trilok Singh and Gopal was shifted towards the drain. As the hotel of Munnalal was running nicely, therefore, the appellants had enmity with the complainant munnalal and on the previous night at about 11. 00 p. m. when Munnalal was going to his house after closing the hotel near Bhairo temple, on the way, Babulal also sat on his scooter. On the way, appellants Trilok, gopal, Pappu Yadav and Lakkhu alias lakhan Singh along with co-accused Hakim singh, Rakesh, Karan Singh [acquitted by the trial court] came in a jeep and they caught Munnalal and Babulal, threw on the ground, beat them and took them to the national Park and cut both the hands of munnalal. When Babulal resisted, Karan singh inflicted butt of the rifle on his face due to which he sustained injuries, Babulal ran away from the spot and informed the incident to Kalyan Chand, brother of munnalal, who lodged the report which is ex. P2. Somebody brought Munnalal to the hospital and he was treated thereat. After investigation, charge-sheet was filed and the case was committed to the Court of Session. The charges against the appellants were framed under Sections 148, 307/149, 364, 201 and 323/149 of IPC but after conclusion of the trial, the appellants have been convicted by the trial court as stated in para 1 of this judgment and three co-accused were acquitted as mentioned in para 55 impugned judgment rendered by the trial court.