NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 16.8.1999 passed by learned Additional Sessions Judge Ashok Nagar, District Guna in Sessions Trial No.205/98 convicting appellants Shibbu, Navala and Munna for the offences punishable under sections 147, 148 and 302 of IPC and further convicting appellants Pappu and Narayan for the offences punishable under section 147 and 302 read with section 149 of IPC and thereby sentencing one year RI and fine Rs.500/ -, in default, further RI of three months to each appellants for the offence under section 147 IPC; sentencing one year RI and fine Rs.500/ -, in default, three months RI for the offence under section 148 IPC to appellants Navala, Munna and Shibbu; sentencing life imprisonment and fine Rs.1,000/ -, in default, six months RI for the offence under section 302 of IPC to appellants Shibhu, Munna and Navala and further sentencing life imprisonment and fine Rs.1,000/ -, in default, six months RI for the offence punishable under section 302/149 IPC to appellants Pappu and Narayan, 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 on 2.6.1998 Udhamsingh (hereinafter referred as the deceased) was going from his house to his shop at 5:00 p.m. In his shop, his daughter Ramdulari Bai was carrying on some repair work and in order to supervise that work the deceased was going to his shop. It is said that near by the house of one Chunni Khan, appellants stopped the deceased and asked that his wife has lodged a false report but on the basis of said report no loss has occurred to them and thereafter all the accused persons started saying that the hands and legs of the deceased be chopped. The accused persons who were carrying the axe in their hands started giving its blow to the deceased. It is said that Navala dealt axe blow on the right hand below the arm pit as a result of which the said hand of the deceased was cut, Manna dealt one axe blow on the left hand, appellant Shibbu caused axe blow on the right leg below knee, as a result of which the deceased screamed and fell down on the ground and when his wife tried to come to rescue him, it is said that appellant Pappu dealt axe blow on the wife of the deceased, appellant Narayan dealt axe blow from the blunt side which landed on the forehead of Ramswarupi Bai and he also dealt a fist on her nose. The incident was witnessed by several persons of that locality. On account of giving blows by sharp edged weapon, both the hands and right leg of the deceased have been brutally cut.

(3.) THE investigating agency after registering the case, arrived at the spot; prepared the spot map; recorded the statement of the witnesses; arrested the accused persons; seized axes which were used as weapons in the commission of the offence; seized the blood stained articles and · sent for serological examination; the injured persons were sent to the hospital for their treatment. On account of the death of the deceased on 24.6.1998, the case was altered from section 326 to 302 IPC.