JAGDISH Vs. STATE OF M. P.

JUDGEMENT

(1.) CR . A. No. 933/77 Jagdish v. State of MP., Cr. A. No. 941/77 (Makhan v. State of MP) and Cr. A. No. 955/77 (Rikhiram and five ors v. State of M.P.) arise out of the decision of the Additional Sessions Judge Durg in Sessions in trial 37/77 decided on 19 -9 -1977 and have been consolidated. Judgment in Cr. A No. 933/77 shall govern the disposal of all these appeals.

(2.) IN these appeals the appellate Jagadish Makhan, Rikhiram Ghanaram, Takhatram, Babooram, Purru and Prabhu have challenged their convictions under Ss. 148 and 302/149 of the I.P.C. for which each of them was sentenced to undergo riogorous imprisonment for two years and imprisonment for life respectively. The sentences have been ordered to run concurrently.

(3.) THE prosecution case is this : Deceased Underam Lodbi had long standing enmity with the appellants. The appellants and their associates used to damage the garden and corps of the deceased. On 19 -2 -1977, the deceased left his house in the morning at about 8 or 9 a. m. to go to Bemetara. When he reached the house of Fagua at a short distance from his own house, the appellants, armed with lalhis, tabbals and axes. emerged out, surrounded him and attacked him with the result that he died on the spot. When Gouribai (PW 4), Devarsingh (PW 20), Ramsahai (PW 1), Mst. Shyam Kunwar (PW 3) and Tijau (PW 6) came to intervene, the appellants also assaulted them. Premdas Kotwar (PW 2) lodged the FIR Ex. P. 9 at 12.30 p.m. the same day.