MITHAILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment dated 11.07.2008 passed by the Special Judge Shahdol, District Shahdol in S.T. No.286/2000 whereby the trial Court has held each of the appellants guilty of the offences punishable under sections 302 read with Sec. 149, 307 read with Sec. 149 and Sec. 148 of the Indian Penal Code and have been sentenced to undergo life imprisonment with fine of Rs. 2,000.00 each, rigorous imprisonment for ten years with fine of Rs. 1000.00 each and rigorous imprisonment for one year with fine of Rs. 500.00 each, respectively, with default stipulations.

(2.) The prosecution case, in brief, is that on 15.10.1999 in the afternoon the appellants, arming themselves with farsa, axe and sticks, stopped the deceased Bhoora @ Afsar and the injured eye witness Hakim Singh (PW/11) while they were going on a scooter and a motorcycle from village Lohasur to Kotma alongwith Jeevan (PW/3), Ramesh Kumar (PW/9) and Trilok Singh (PW/14) and thereafter assaulted the deceased Bhoora @ Afsar and Hakim Singh (PW/11) with the farsa and axe. According to the prosecution, the appellants inflicted as many as ten injuries on the person of the deceased Bhoora @ Afsar and as many as five injuries on the person of Hakim Singh (PW/11), as a result of which the deceased Bhoora @ Afsar died while Hakim Singh (PW/11) sustained grievous injuries which resulted in severance of the index finger of his left hand.

(3.) The report of the incident was lodged by Laxmi Devi (PW/1), who is the wife of Hakim Singh (PW/11) on 15.10.1999 at Police Station Kotma whereafter criminal law was set in motion.