MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) The aforesaid appeals are arising out of one judgment and order, hence, they are being disposed of by this common judgment.

(2.) The appellants have challenged their conviction under Section 302/34 of the IPC, sentenced to R.I. for life and fine of Rs.500/- each, in default of payment of fine additional R.I. for 6 months. All the sentences ordered to run concurrently.

(3.) Prosecution case as put forth before the Trial Court is that appellants and complainant party were close relatives and residing adjacent to each other. Kuntabai(PW-3) and her cousin sister (daughter of her mother's sister) Geetabai were married in one family resident of Village Shiygarh, Police Station Betma. Both had come on Rakhi festival to Gautampura at their parental house. On 08.08.2001, in day time Geetabai demanded her ornament (Kadi), on which Kuntabai told her to wait till arrival of father-in-law and she will give her ornament. On this issue, brother-in-law of Geetabai and appellant Karansingh, brother appellant Kalu, nephew, appellant Mahesh and brother-in-law juvenile accused Prakash jointly hurled filthy abuse in the name of mother and sister. After this incident, all the 4 accused reached in front of the house of the complainant PW-5 Mohan having Chhoori, Lathi, Ballam(spear) and assaulted complainant Mohan(PW-5) by their respective weapons. Complainant Mohan sustained 5 injuries by sharp edged weapon. When father of Mohan deceased Jagannath tried to save Mohan, juvenile accused Prakash gave Ballam blow on the chest of deceased Jagannath. Appellant Karansingh caused injury to him by Chhoori on thigh. All accused persons assaulted the deceased by their respective weapons. Deceased Jagannath sustained 4 injuries caused by sharp pointed and edged weapon: He died instantaneously. Incident was witnessed by injured witness PW-5 Mohan and PW-3 Kuntabai, PW-4 Ramkanyabai, PW-6 Kailash. PW-5 Mohan immediately reached to the Police Station and lodged the FIR (Ex.D/4), recorded by PW-8 Shivpalsingh Chouhan, S.H.O.. Witness Mohan was seriously wounded, therefore, sent to hospital for treatment. After preparation of inquest, dead body of Jagannath was sent for postmortem examination and the same was conducted by PW-1 Dr. P.C.Kashyap. Dr.Kashyap also medically examined PW-5 Mohan and issued Medico Legal Certificate (Ex.P/1) as well as postmortem report of deceased Jagannath (Ex.P/2). PW-8 Shivpal Singh Chouhan, Station House Officer reached on the spot and effected seizure of blood stained and controlled earth. The accused persons were nabbed and on their disclosure statements, weapons were seized. Seized articles were sent for medical examination to Forensic Science Laboratory and its report is Ex.P/21. Spot map (Ex.P/22) was got prepared by Patwari and Investigating Officer Shri Chouhan also prepared map (crime details form) Ex.P/11. On due investigation appellants were charge-sheeted for commission of offence under Section 302/34 and 307/34 of the IPC. The fourth juvenile co-accused Prakash was produced before Juvenile Court.