SANTOSH & ORS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the accused-appellants against judgment dated 13.1.2009, passed by 2nd Additional Sessions Judge, District Hoshangabad in Sessions Trial No.204/2008, whereby appellant No.1 Santosh and appellant No.2-Sitarma have been convicted for offence under Section 302 of Indian Penal Code and other appellants have been convicted for offence under Section 302/34 of IPC and sentenced for life imprisonment with fine of Rs.1000/- each with default stipulations. Further all the appellants have been convicted for offence under Section 323 of IPC and sentenced for RI for 3 months with default stipulations.

(2.) Brief facts of the prosecution case is that on 5.7.2008 at about 9.00 pm at village Kotgaon deceased Mukesh was sitting on a Chabutara in front of his house and were talking with appellants Rajaram and Sugreeva. Other villagers were also present there. It is alleged that appellants Santosh and Sitaram armed with axe arrived there and abused Mukesh for there was enmity with him. When Mukesh objected then appellants Santosh and Sitaram assaulted him on his neck and face by axe. Mukesh fell down on the earth and died. When brother of Mukesh Bheem, Umesh, sister-in-law (Bhuribai) and father of the deceased Ramdas tried to rescue him, the appellants also assaulted them. Dehati Nalisi (Ex.P1) has been lodged by Umesh (brother of the deceased). The FIR was registered against the appellants under Section 302 and 323/34 of IPC. After completion of investigation, charge sheet was filed before the trial Court.

(3.) Appellants Santosh and Sitaram were charged for offence under Section 294 and 302 of IPC and other appellants Sugriva, Rajendra and Mayabai were charged for offence under Section 294, 323/34 and 302/34 of IPC. All the appellants abjured guilt and pleaded innocence. One of the accused Maya has been acquitted and other accused persons/appellants have been convicted and sentenced by the trial Court as mentioned above.