RAMADHAR & ORS Vs. STATE OF M P

JUDGEMENT

(1.) Criminal Appeal No.1373/2008 has been filed by appellants Ramadhar, Sumantram, Ramprasad and Samaru being aggrieved by the judgment dated 30.4.2008 passed by the Additional Sessions Judge, Waidhan, District Sidhi in Sessions Trial No.176/2005, whereby all the appellants have been found guilty of an offence punishable under section 302/34 of the IPC and have been sentenced to life imprisonment with fine of Rs.500/- each and in case of default of fine, to undergo a further period of R.I for one and a half months each. They have also been convicted under section 450 of the IPC and have been sentenced to R.I for four years with fine of Rs.1000/- each and in case of default of fine, to undergo a further period of R.I for one month each; whereas Criminal Revision No.1213/2008 has been filed by the petitioner Bhola Prasad Vaishya against the acquittal of respondents Bhagwandas and Anantram.

(2.) The prosecution case, in brief, is that the appellants, alongwith three persons Anantram, Brijwasi and Bhagwandas who have been acquitted, got together formed an unlawful assembly and thereafter assaulted the deceased Baldev with a common object of committing his murder on account of a dispute that arose out of the election of the Palak Shikshak Sangh in the village. The prosecution case before the trial Court was that Anantram assaulted the deceased with a Kodi, Bhagwandas with an iron rod and the remaining persons namely Brijwasi, Ramadhar, Sumantram, Ramprasad and Samru with lathis.

(3.) The trial Court, mainly on the basis of the medical evidence on record, has held that Anantram, Bhagwandas and Brijwasi were not involved in the incident and has, accordingly, acquitted them while the remaining four persons have been convicted of an offence punishable under Section 302 read with Section 34 of the IPC, by recording a finding that there was a common intention amongst the appellants to commit the murder of the deceased. The trial Court has also convicted the appellants for an offence punishable under Section 450 of the IPC, for having committed house trespass.