LAL BAHADUR DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) SINCE both the appeals arise out of the common judgment passed by the trial Court, they are being disposed of by this common judgment.

(2.) APPELLANTS have filed these appeals against the judgment dated 19th december, 2000, passed by the Special Judge ( Atrocities), Rewa in Sessions Trial nos. 162/1999 and 181/1999, convicting them under Sections 342/34, 302/34 and 201 of the Indian Penal Code and sentencing them to rigorous imprisonment for six months with fine of Rs. 200/-, imprisonment for life with fine of Rs. 1000/- and rigorous imprisonment for two years with fine of Rs. 200/-, with default stipulation on each count respectively. In both the aforesaid Sessions Trial, common evidence was recorded and they were disposed of by the common judgment.

(3.) ACCORDING to prosecution, on 12. 11. 1998 at about 12. 15 P. M. , Bhaiya Lal (PW7), lodged the report at police station, Gurh District Rewa that at about 9 a. M. when he was at his house, his son Mordhwaj (PW6) and Raj Kumar came and informed him that accused Kamta Prasad, Sujeet Patel, Ramniranjan Patel, kamlesh, Ramanand and others forcibly took away his another son viz, Ashok patel to their house and after assaulting hanged him, the dead body of Ashok was lying hanged in their house and the door was closed. He went at that house and after seeing the body of Ashok Patel through the window came to police station to lodge the report. Accused persons had killed his son because of old enmity. On the aforesaid report, Head Constable Udaynath Pandey (PW8) recorded merg intimation under Section 174 of the Code of Criminal Procedure and Sub Inspector r. S. Pandey (PW9) went at the spot. He conducted the inquest and sent the dead body of Ashok for the postmortem examination. Dr. M. K. Tiwari (PW4) of G. M. Hospital, Rewa performed the postmortem examination. On 13. 11. 1998, Sub inspector R. S. Pandey (PW9) registered the first information report Ex. P/15 under sections 147, 341, 302/201 of the Indian Penal Code.