MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these appeals have arisen out of the common judgment and order dated 26th May, 2010 passed in Sessions Trial No.25 of 2009 by Additional Sessions Judge, Manawar, District-Dhar, therefore, they are heard analogously and are being decided by this judgment.

(2.) All the appellants of both these appeals have challenged their conviction under Sections 302, 302/34 of IPC and imprisonment for life with fine of Rs.5,000/- each and in default rigorous imprisonment of one year each.

(3.) Facts leading to the filing of present appeals in brief are that deceased-Babu Lal was sitting at platform adjacent to the shop of Dhanna @ Dhan Singh to see cattle race organized on the festival of Padwa. After sometime, when he went to buy Gutkha (mouth freshner) at the shop of Dhan Singh, Anil, Mukesh and Nehru of village Banjari hit him by their bike. He asked them to drive cautiously. They got annoyed and get off the bike. Anil hit dang (thick wooden stick) directly on the head of Babu Lal. Mukesh and Nehru thrashed him with kicks and fists. As the villagers including Dhan Singh and Prakash rushed to the spot, they fled away. Brother of Babulal, Badri also reached there. He took Babu Lal to the police out post Bakaner of Police Station-Manawar, District-Dhar, where he lodged FIR No.52/2008 (Ex.P/15) under Sections 323, 294, 506/34 of IPC against appellants- Mukesh, Nehru and Anil. The same was sent to the police station for registration of the Crime and it was registered at Crime No.438 of 2008 (Ex.P/2). Babulal sent to the Community Health Center (CHC), Bakaner for examination and treatment but he died on the next day, therefore, the case was converted into one under Section 302 of IPC.