SOUSHAL PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 27.12.1997 passed by Additional Sessions Judge, Bilaspur in Sessions Trial No. 363/1995 convicting the accused/appellants under Sections 147, 452 and 302/34 IPC and sentencing each of them to undergo Rl for three months, Rl for one year and imprisonment for life on each count respectively.

(2.) In the present case name of the deceased is Santosh Kumar. It is alleged that the deceased was the employee of one Amolak Singh who was the contractor of a liquor shop situated at village Hardi Kala. It is alleged that one Narendra Singh (PW-18) was also working in the said liquor shop. Further case of the prosecution is that the accused persons used to make country made liquor in their village which was objected to by the deceased and Narendra Singh. As on the date of incident also the deceased had asked the accused persons not to indulge in such illegal activities, there was some hot talk between the deceased and acquitted accused Prahlad. It is further alleged that accused Dilip had slapped Narendra Singh and also tore his shirt. Other accused persons then went back to their houses and after some time they returned with Tabbal, Barchhi and club. After seeing them both the deceased and Narendra Singh tried to get away and on being chased by the accused persons the deceased gained an entry to the houset of Dr. Jai Kumar Astin (PW-8) whereas Narendra singh took shelter in the liquor shop. Further case of the prosecution is that house of Dr. Astin was surrounded by the accused persons - 28 in number, and they started pelting stones in his house and asked him to drive the deceased out of his house. Thereafter, It is alleged that some of the accused persons went over the roof of Dr. Astin and after dismantling the roof they started throwing stones as a result of which deceased suffered some injuries. Some of the accused persons then entered the house of Dr. Astin and threw a big stone on the head of the deceased resulting in his death. FIR Ex. P-5 was lodged by Narendra Singh (PW-18) on 9.12.1992 at 10.30 pm followed by merg intimation Ex. P-6 recorded on the same day at 10.35 pm. Postmortem examination on the body of the deceased was conducted on 10.12.1992 by Dr. H.K. Dua (PW-17) who gave his report Ex. P-34 opining the cause of death as shock and haemorrhage due to multiple fracture of skull bone with brain matter injury. After investigation, charge-sheet was filed against the accused persons - 28 in number including the present appellants for the offences punishable under Sections 147, 148, 149, 452, 427 and 302 IPC. Court below however framed the charges under sections 147, 148, 149, 452, 427, 302 and 109 in alternative 34 IPC.

(3.) In order to establish the guilt of the accused persons the prosecution has examined 18 witnesses. Statements of the accused ersons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.