MATHURA Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 28. 3. 1998 passed by the learned Additional Sessions Judge, sheopurkalan, in Sessions Trial No. 133/90, convicting appellant Mathura under Sections 302, 326, 324/34, 323/34 of IPC; Bheru under Sections 302, 324, 326/34, 323/34 of ipc; Bajranga under Sections 302/34, 326, 323, 324/34 of IPC; and Moti under Sections 324, 326/34, 324/34 and 323/34 of IPC and sentencing them to suffer life imprisonment and other sentence as mentioned in the impugned judgment, the appellants have preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that complainant Banshi and Mangilal (hereinafter referred to as "the deceased") along with their respective wives came to their field named as "nau Bighawala Khet" at 11. 00 in the morning of 2. 3. 1990. These persons started cutting the crop of mustard, as a result of which appellants Mathura, bajranga, Bheru and Moti carrying gandasa/dhariya and khuntiya arrived at the field and told the complainant party not to cut the crop. Complainant Banshi told that the possession of the land has been given to them and, therefore, they will cut the crop. Thereafter the deceased and the ladies of the complainant party started cutting the crop, as a result of which Bheru and Bajranga caught hold of the deceased and Mathura with full force dealt gandasi blow which landed on the head of the deceased as a result of which he fell down. Thereafter, it is said that appellant bajranga dealt gandasi blow on the leg of the deceased and Bheru by dhariya also dealt the blow on the leg and on receiving injuries the left leg of deceased was cut. When the complainant Bansi tried to rescue the deceased, Mathura, Bajranga, bheru and Moti caught hold and dragged him nearby the field from the place of occurrence. It is said that Moti dealt khuntiya blow to complainant on his right cheek region and Mathura and Bajranga caused injuries by gandasa on his right leg. When the wife of the complainant came to intervene and rescue her husband, appellant moti by khuntiya and Mathura by gandasa dealt the blows on her. Bheru also caused injury by dhariya on the head of the wife of the complainant, as a result of which blood started oozing from her head. Ultimately deceased Mangilal was also rescued by kishna Bai, but she was also beaten by the appellants.

(3.) ACCORDING to the prosecution, the incident has been witnessed by Pappu and ramkaran. It is said that Ramkaran tried to intervene so that the quarrel may put to rest.