IDRIS BEG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 18-12-1998 passed by the learned Additional Sessions Judge, Sironj, District Vidisha, in Sessions Trial No. 15/93 convicting the appellants under Sections 147, 302/149 and 323/149, IPC and thereby sentencing them to suffer imprisonment as mentioned in the impugned judgment, this appeal has been filed by the appellants under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of the prosecution is that on 25-9-1992 at 11.30 a.m. in the field of Babu Khan, all the accused persons including the appellants carrying lathis in their hands dealt lathis blows on the persons of Rafique (hereinafter referred to as "the deceased"), complainant Rajamiyan. Raja Khan and Sharif Khan. It is said that Shabbir Khan gave his field on batiya to Raja Khan. However, appellants Idris and his family members were not permitting said Raja Khan to cultivate the land and were saying to them that in case they will go to the field, they may face dire consequences. It is said that there is enmity between the parties. On the date of incident, all the accused persons including the appellants arrived at the field and dealt the blows of lathis to the deceased as well as to complainant Rajamiyan, Raja Khan and Sharif Khan. A report was lodged by complainant Rajamiyan in the Police Station, on the basis of which a case under Sections 147,148,149,323 and 506-B, IPC was registered against the accused persons including the appellants.

(3.) AFTER the investigation was over, a charge-sheet was submitted in the Competent Court which on its turn committed the case to the Court of Session and from where it was received by the Trial Court for its trial.