KASHIRAM Vs. STATE OF MP

JUDGEMENT

(1.) This judgment shall govern disposal of criminal appeal Nos. 134/2002, 141/2002 and 142/2002 as all these three appeals arise out of a common judgment dated 27.2.2002 passed by First Additional Sessions Judge, Ashoknagar in Sessions Trial No. 242/2001; whereby, the Sessions Court has convicted all the accused for commission of offence under section 148, 307/149, 326/149 and 323/149 of IPC and sentenced the appellant for commission of offence under section 307/149 of IPC for five years RI with a fine of Rs. 1,000.00 each, for commission of offence under section 326/149 of IPC for three years RI with a fine of Rs. 500.00 each, for commission of offence under section 323/149 of IPC for 1 year RI and for commission of offence under section 148 of IPC for six months RI.

(2.) The prosecution story in brief is that Krishnabai (PW/13) is wife of accused No. 8 Kalyan S/o. Mangilal. All other accused are the parents and family members of accused Krishnabai. Thus, all of the accused are in near relation of Krishnabai. Krishnabai started residing with Ramesh (PW/1) as his wife after leaving accused Kalyan, due to which there was enmity between family members of Krishna with Ramesh.

(3.) On 26.3.2001, accused caught hold of Ramesh and caused injuries by axe, farsa, lathi and lohangi. Ramesh fell down due to the injuries. In this quarrel, Devilal caused injury on the head and left leg of Ramesh by farsa, accused Chironji caused injury on head of Ramesh by axe. Accused Kashiram caused injury on the head of Ramesh by lohangi. Accused Gangaram caused injury by ballum on the left hand of Ramesh. Accused Harveer caused injury by lathi to Ramesh. When Laturibai (PW/5) and Sitaram (PW/2), who were mother and brother of Ramesh tried to rescue him, Mangilal, Amola and other accused caused injuries to them by Lathi, Devilal caused injury to Laturibai by farsa. At that time when Vijay Raghuvanshi (PW/3) and Ghanshyam (PW/4) intervened, accused ran away from the spot.