SATISH Vs. STATE OF M P

JUDGEMENT

(1.) FUSSILY flagellated by the judgment of conviction (all three under Sections 147 IPC and 302 IPC and Mukesh and Surendra under Section 148 IPC also) and sentences (six months RI and fine of Rs. 500/ - each and in default one month's SI under Sections 147 and 148. IPC and imprisonment for life and fine of Rs. 500/each and in default two months SI under Section 302. IPC) rendered by II Additional Sessions Judge, Ujjain (Shri R.G. Ghatiya) in Sessions Trial No. 46/90 on 24/1/1992, the appellants, three in number, have preferred this appeal under Section 374 of the Code of Criminal Procedure on grounds prodigious in number.

(2.) IN all nine persons, charged under Sections 147, 148 and 302/149 IPC on 9 -7 -1990, were put on trial. After trial six persons, (Chandulal Shekhar, Kamal, Sanjay. Ashok and Ravirai alleged to be assailants and armed with Sword. Gupti. Word, Knife. Sword and Ball (1m respectively) were acquitted of all the charges and three persons, appellant there. (Satish. Mukesh and Surendra alleged to be assailants and armed with Stick and Knife each respectively) are convicted and sentenced as noted above. Criminal Appeal No l. 527/fJ2 for leave, to appeal against acquittal of six persons s4ffereg mortality infant -stage, on 11 - 1 -1994.

(3.) FURTHER factual matrix is in a narrow compass. Three days prior to 17 -7 -1989, the date of incident there was exchange of abuses between the appellants/ acquitteg persons and Rajendra (PW 14). Shivlal (deceased) and Jagal Kishore (PW 10) due to charge of more amount of tempo. On intervention, dispute was settled by compromise. Yet on 17 -7 -1989, all the accused persons, armed with Knife. Sword and Ballam arrived at Dani Gate, where Rajendra, Shivlal (younger brother of Rajendra) and Jugal Kishore (son of his uncle) had gone to take tea at 9.30/ 10.00 p.m. and delivered threat to kill them. Acquitted Ashok inflicted injury to Rajendra on left leg by blunt side of sword. Rajendra and Jugal Kishore fled, Shivlal scooted towards mosque. All nine persons chased and assaulted Shivlal and thus and him to death. First Information Report (Ex. P /201 was lodged by P.W. 14 on 17 -7 -1989 at 10.30 p.m. Rajendra was medically examined on 18 -7 -1989. Report of simple bruise on left thigh is Ex. P / 1. Spot map is Ex. P /2. Weapons were seized on memos under Section.27 of the Evidence Act. Post -mortem report is Ex. P /18. After completion of investigation chargesheet was filed. Case was committed for trial. On charges, all pleaded not guilty. The judgment dated 24 -1 -1992 acquitted Six and convicted three appellants and sentenced as above.