HAKKE AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under section 374 (2) of the Code of Criminal Procedure, 1973 has been preferred by the appellants being aggrieved of the judgment dated 29/3/2005 passed by the Additional Sessions Judge, Sohagpur District Hoshangabad in ST No.100/1996, whereby the present appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_166_LAWS(MPH)4_2018_1.html</FRM>

(2.) In brief, the case of the prosecution is that on 10.3.1995 a report was lodged by PW-1 Omprakash at around 5:00 PM to the effect that when he was coming back to home at Anhai Village on a tractor-trolley along with other villagers, at that time when he reached near a garden, he was met with appellant No.2-Nanja, appellant No.4-Kalpa, appellant No.1-Hakke, appellant No.5-Palla and their father Appellant No.3 Ramma armed with lathis, ballam and farsa. They stopped the tractor and shouted that they would kill all the persons. On seeing the accused persons, PW-1 Omprakash jumped from the tractor and tried to run away from the spot, but accused-Appellant No.2 Nanja went after him and inflicted gadasiya (a sharp edged weapon) blow on his head, accused-Aappellant No.4 Kalpa also hit him with ballam, although he tried to save himself from the said assault, but he fell down and became unconscious. Accused-Appellant No.5 Palla also hit him with lathi, and accused-Appellant No.3 Ramma shouted that no one should escape today. The incident has been seen by many persons. After investigation, the charge sheet was filed before the competent Court and the charges under Sections 147, 148, 307, 307/149 and 323 of IPC were framed against the appellants and after the evidence was led before the trial Court, they were convicted as aforesaid.

(3.) Shri DD Bhargawa and Shri Chetan Jaggi, learned counsel for the appellants have submitted that the appellants have been falsely implicated in the matter as the prosecution has been able to prove its case beyond the reasonable doubt against the appellants. It is submitted that no case for unlawful assembly is made out against the appellants as there is nothing on record to show the accused persons had come along with a solitiary purpose in their mind. It is further submitted that the weapons like gandasi and ballam could be recovered from the accused persons namely Nanja and Kalpa, although they have been specifically named.