PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the above appeals nave been filed by the accused against the Judgment dated 4-12-1992 of the learned Additional Sessions Judge, Suhagpur District Hoshangabad passed in Sessions Trial No. 159/91 by which they have been convicted u/s. 302 read with section 149 of the IPC and each has been sentenced to undergo imprisonment for life as also u/s. 147 IPC to rigorous imprisonment for 2 years. Both the sentences have been directed to run concurrently. Cr. A. No. 92/93 has been filed by accused Kishan & Gunchi Jagdish but Gunchi Jagdish has also filed Cr. A. No. 157/93 from jail. Likewise, Kishan has filed Cr. A. No. 160/93 as also Cr. A. No. 92193. All these appeals are therefore being disposed of by this common Judgment.

(2.) That about three days prior to 25-4-199 1 complainant Vinod and his companions had quarrelled with Ajab Singh of which a report was made by Ajab Singh at the police station. Actuated by revenge. Ajab Singh and his companions surrounded the house of Vinod Dube who managed to escape through the back door and entered the house of Komal Kuli but accused chased him upto that house with the result he ran from there to take shelter in the house of Saligram Vishwakarma. There he was surrounded by the accused who were armed with lathi, rod, hockey, knife and other weapons. Vinod Dube tried to run away but he was belaboured in the courtyard of the house and the accused assaulted him with their respective weapons on various parts of his body and dragged him to an open ground but on learning that the police was approaching, they fled away. The incident was witnessed by Pramila Dube sister-in-law of Vinod, Raghunath Nair, Kanjilal Kotwar, Komal Kuli, Saligram and other persons of the locality. Vinod Dube was taken to the hospital by the police where his report was recorded and on that basis FIR Ex. p 128 was recorded and the case under sections 147, 148, 451, 323 and 324 of the IPC was registered against the accused.

(3.) Dr. U.K. Awasthy (P.W. 17) who was posted as Assistant Surgeon in the Community Health Centre, Piparia examined Vinod S/o Pannalal at 10 p.m. on being brought by Inspector B.S. Raghuwanshi of V.S. Piparia and noticed the following injuries on him: