KANCHHEDI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of Cr.A. No. 688 of 1987 (State of M.P. v. Kanchhedi and other).

(2.) THIS appeal has been filed by six appellants/accused Kanchhedi, Makhan, Govindi, Lalli, Dammu and Tulaiya as they were aggrieved by their conviction in Sessions Trial No. 254 of 1979 in the Court of Second Additional Sessions Judge, Sagar. These six appellants have been convicted under section 304 -I and section 148 and 149 IPC and sentenced to 10 years' R.I. each and. one year's R.I. on two counts each respectively. Both the sentences have been directed to run concurrently. Criminal Appeal No. 688 of 1987 has been filed by the State, against 12 accused persons in S.T. No. 254/79, after obtaining requisite leave (six convicted appellants in Cr.A. No. 647/84 and other six acquitted accused in that Sessions Trial). Those six acquitted were also charged for other allied offences under sections 325, 323 and 324 of the IPC.

(3.) AFTER getting the slap on his face, Narayan P.W.2 retreated from the field with his cattle. The same day in the evening, a cow belonging to deceased Leela entered this Parasharwala field and started damaging the crop. Thereupon deceased Leela went in the field for taking away the cow. It is at this very time, according to the prosecution that after hearing hue and cry, P.W.2 Narayan, P.W.6 Kadori, P.W.14 Dhaniram and females Mst. Jankibai, Mst. Laxmibai, Mst. Radhabai, Mst. Rambai and Mst. Kusumbai reached the field and there they saw that the appellants Makhan, Govindi, Kanchhedi, Tulaiya, Lalli and Dammu had surrounded the deceased Leela and were assaulting him. The prosecution story further proceeds that the appellants Makhan, Govindi, Tulaiya, Lalli and Dammu were armed with big scissors and they were exhorting each other to kill deceased Leela. Deceased Leela was assaulted by these persons and when he fell down, his brother deceased Laxman arrived on the spot to save. It is further alleged that six other acquitted accused also arrived on the spot and surrounded deceased Laxman. On exhortation from Dammu to kill him also, the appellant Govindi attacked Laxman with his big scissor. After receiving injuries Laxman fled away towards his home. When Laxman rushed towards his home for saving himself, accused Lalli, Makhan, Govindi and others chased him away. The female folk, Dhaniram P.W.14, Kadori P.W.6 and Halle P.W. 4 were also present in that field and they also received the injuries. Lacchibai and Rambai respectively P.W.17 and P.W.19 also received injuries in this incident. Prosecution story further proceeds that when Narayan P.W.2 went to the house of deceased Laxman, he saw that he was dead in his home. It is further alleged that Leela was brought out of his hut and the appellants Makhan and Govindi, by their big scissors, amputated his hand and leg by giving several blows and in consequence deceased Leela died.