ONKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since the present appeals are connected matter and arise out of common judgment dated 24.4.2007 passed by the IV Additional Sessions Judge, Dewas in Sessions Trial No.77/2006, they are being decided by the present common judgment.

(2.) The appellants have preferred the present appeals against the judgment dated 24.4.2007 passed by the IV Additional Sessions Judge, Dewas in Sessions Trial No.77/2006, whereby they have been convicted for commission of offence punishable under Section 302 read with Section 34 of the IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- each with default stipulation.

(3.) Brief facts of the case are that, on 26.1.2006, at around 6 p.m., when complainant Champalal was standing at grocery shop of Mukesh, at the same time Babu s/o Rhumal came towards Chainsingpura Mohalla in hurry and informed him that accused Onkar Bhilala, Kalu Bhilala and Laxman Bhilala are beating his brother-in-law Rhumal by stick. On hearing this, he along with his brother Sikdar, Naharsingh, Pratap and other villagers rushed to the field of Babu where they saw that his brother-in-law was lying on the ground. Upon asking, he stated that on festival of Makarsankranti, there was a quarrel took place between Onkar and Madiya Bhilala at village Kadudiya in which he intervened and said to the Onkar that do not beat Madiya on the festival. Due to which, today Onkar called him and said that he wants to talk with him. When he was coming from village kadudhiya, Onkar, Laxman and Kalu Bhilala met him on the mid way and they gave lathi blows on him and dragged him to the field of Babu, where also they caused injuries to him. During this fight, Onkar caught hold of his hand; therefore, he could not escape. Then, Champalal took him to the house of Sikdar by a bullock-cart where after drinking water he succumbed. Thereafter complainant lodged dehatinalishi. On the basis of the dehati-nalishi, the Police registered Crime No.15/06 for offence punishable under Section 302 read with 34 of the IPC against the accused / appellants.