ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) The convicted appellants have assailed the judgment dated 19.02.1999 of the learned 1st Additional Sessions Judge, Mohw (District Indore) in Session Trial No.78/1996 whereby while acquitting co-accused Kanhaiyalal, the appellants have each been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2,000/-. In default of payment of fine, the judgment directs the defaulter to suffer six months rigorous imprisonment.

(2.) The appellants were indicted for the offence punishable under Section 302 and, m the alternative, 302/34 of the Indian Penal Code. According to the case of the prosecution, a quarrel took place between accused Suresh and PW-2 Baldev in village Umeriyagaon about the person who should drive the Icher vehicle. During the course of the quarrel, PW-7 Tej Singh Chouhan arrived and tried to intercede, but Suresh gave a slap to Tej Singh Chouhan, with the result, PW-2 Baldev started abusing Suresh. PW-3 Gopibai arrived and took away Baldev and the quarrel subsided. After a short while, Hukum s/o Rameshwar came back from the duty and witnessed that the accused persons armed with various weapons passed by his house shouting that they will be done to death. On hearing the said intimidation, deceased Hukum and Baldev came out of the house and followed the accused to prevent them from the assaulting Tej Singh and few paces behind, Meenabai, Gopibai and Shivkanya followed them. When Hukum reached the tamarind tree, three persons and the co-accused attacked. Accused Ashok with a Falia, Suresh with a sword and Rajkumar with a knife assaulted the deceased who fell down as a result of their attack. The accused persons, thereafter, fled away.

(3.) On account of the seriousness of the injuries sustained by Hukum, Kamal and Chander took him to Indore for treatment. Tej Singh also accompanied him while Baldev Singh, Raghunath and Meenabai proceeded to the Police Station, Kishanganj where Meenabai lodged report Ex.P/1. On the basis of the report, an offence punishable under Section 302/34 of the Indian Penal Code was registered.