BHAIYALAL AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused persons have challenged their conviction being aggrieved by the judgment dated 20.01.1995, passed by 1st Additional Sessions Judge, Seoni in S.T. No.14/93, whereby they have been convicted for offences punishable under Sections 302 read with Section 149 and 148 of the IPC and sentenced to rigorous imprisonment for life with fine of Rs.2,000/- and R.I. for one year with fine of Rs.200/- respectively with default stipulation.

(2.) Brief facts of the prosecution case are that on 8.9.1992 at about 4:00 p.m., the deceased Jugraj were taking his cattle with his son Narangi and servant through the fields of the appellants. The appellant Bhaiyalal tried to stop them for passing his cattle through his field, hence quarrel began between the appellant Bhaiyalal and Jugraj. All other accused persons came there and started beating Jugraj. The appellants Bhaiyalal and Shyamlal inflicted blows of axe, whereas other accused persons assaulted him by stones and sickles. Jugraj died on the spot. The matter was reported to the Police Station Khurai, District Seoni and crime was registered for the offences under Sections 148, 302/149 of the IPC against the appellants. Co-accused Jaipal is facing trial in the Juvenile Justice Board.

(3.) After committal of the case, charges under Sections 148 and 302/149 of the IPC have been framed against the appellants by the trial Court. After recording the evidence, the trial Court came to the conclusion that as a member of unlawful assembly all the appellants are guilty for rioting and committing the murder of Jugraj. Hence, they were convicted for offences punishable under Sections 148 and 302/149 of the IPC and sentenced as mentioned above.