BHAGIRATH & ORS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Four appellants namely Bhagirath, Mahesh, Mansingh and Hari Patel @ Hari Prasad have preferred this appeal out of them Hari Patel @ Hari Prasad is expired and no one requested the Court to continue the appeal on his behalf. Appellant Mahesh has withdrawn his appeal. Therefore, we are not considering the appeal preferred by Hari Patel @ Hari Prasad and Mahesh and this appeal is being decided only against the appellants Bhagirath and Mansingh.

(2.) The appellants have preferred this appeal against their conviction under Section 302 read with Section 34 of IPC for committing murder of one Narayan recorded by Session Judge, Shajapur in S.T. No.121/2003 vide judgement and order dated 23.12003.

(3.) In brief, the prosecution case is that on 15.06.2003, at about 12:00 in the noon, Mahesh Bheel was pruning branches of babool tree sanding at the Med of farm land of the complainant Ramcharan. His father Narayan objected for the same stating that the tree belongs to them. Refuting his claim, all the appellants namely Bhagirath, Mansingh, Hari Patel and Mahesh surrounded his father and starting abusing him claiming that the tree belongs to them, they will cut it and if he intervene them then they will kill him. Finding him alone, the deceased left the place and proceeded to seek the police help. Frightened by the incident, the complainant took shelter in his hut situated at his field itself. The appellants pelted stones on his hutment. After some time, he came out from the hut and followed his father who was going to file report. On the way, he saw that the appellants Bhagirath having sword, Mahesh and Mansingh having axes and Hari having lathi in their hands following his father. They were shouting that surround him and kill him as to why he is daring to file report against them. All the assailants assaulted his father. Bhagirath inflicted sword on the neck and head of his father, who fell down on the floor. Mahesh inflicted axe on the hand and Mansingh inflicted axe on the head of his father. When his father was thrilling, Bhagirath again inflicted sword on the mouth of his father, Hari Patel shouted that kill him and he should not be left alive, kill him. His father succumbed to the injury.