VISHNU KOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants being aggrieved by the judgment dated 29. 7. 2006 passed in S. T. No. 26/04, by the learned 2nd Additional Sessions judge (Fast Track Court), Katni convicting each of the appellants under section 302/34 IPC sentencing them to undergo RI for life and pay fine of rs. 1,000/- and under Section 323/34 IPC sentencing them to undergo RI for one year, in default of payment of fine to undergo six months further simple imprisonment, have filed this appeal.

(2.) THE prosecution case in brief as comes out, from the mouth of p. W. 1 Darbarilal is that on 1. 6. 2003 deceased Daduram was at a road side liquor shop, he had consumed a good amount of liquor and was intoxicated, when P. W. 1 Darbarilal was awaiting a bus, present accused and absconded accused came in a Rikshaw, accused Lallu was driving the Rikshaw and other accused were sitting in the Rikshaw, deceased Dadu Kol all of a sudden abused the inmates of Rikshaw with the name of mother. Rikshaw was stopped, the accused persons alighted from the same, thrashed the deceased by means of kicks, fisticuffs and belts, when P. W. 1 Darbarilal tried to intervene and made a request, he was also beaten. Thereafter Dadukol and Darbarilal were lifted from the spot and were thrown near a tree at tikarwara. After regaining consciousness Darbarilal came to Police and lodged the report. After receiving the report the Police came in action, referred the injured for examination and repair of his injuries, the dead body of the deceased was also recovered and the same was sent for postmortem. After receiving the injury report and postmortem report statements of the witnesses were recorded and after preparation of the Panchnama the accused persons were subjected to trial.

(3.) ON conclusion of trial the accused appellants have been convicted and sentenced as referred to above. It is however to be noted that other accused namely Lalla Yadav and Mannu Koll are still absconding.