TUNDE Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the order of conviction and sentence recorded by Sessions Judge, Datia on 24.9.94 whereby he convicted and sentenced the accused persons under Section 324 I.P.C. to a term of 2 years R.I. and a fine of Rs. 5000/ - each.

(2.) BRIEFLY narrated the facts are that on 9.4.89 at about 5 p.m., informant P.W.16 Ramkishore was at Khalihan along with his son Govind. Panchu, Hemraj, Brij Yadav and Viran Yadav were also there. In the meantime, Bhajju Yadav of Datia along with his two companions reached there. They called him and asked him to pay a sum of Rs. 1,500/ - as he had saved him from Gundas. He said that he had no money whereupon all the three persons took out knives and threatened to kill him else he should pay the money. He tried to save himself whereupon a fair coloured long man who was wearing kurta and paijama and whose name he did not know, attacked with a knife in order to cause death which hit him on the left side of hip. His son Govind tried to save whereupon Bhajju Yadav attacked his son Govind with a knife in order to cause his death. Govind fell down. The persons who were standing there tried to save. All the three persons ran towards Vijanpura. He then took his son on a tractor in the injured condition to Bhander Hospital where doctor declared him dead. He then went to police station and lodged the report Ex.P -20 which was prepared by P.W. 11 D.R. Mishra, who was the then A.S.I., Bhander. A case under Section 302/34 and 307 was registered. During investigation the accused were arrested and put up for test identification which was conducted by S.S. Rana who was the then Nayab Tehsildar on 28.4.89.

(3.) THE prosecution examined as many as 16 witnesses and relied upon the documents Ex.P.4 to P -22 in support of its case. The accused did not enter upon their defence. After considering the entire evidence on record and hearing the parties, learned trial Court held the accused persons guilty of the offence punishable under Section 324/341.P.C. and convicted and sentenced them as aforesaid. However, they were acquitted of the charge under Section 302/34 I.P.C. Feeling aggrieved, they have preferred this appeal.