- (1.) This appeal has been filed against the judgment and order dated 25.08.2005 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 82 of 1992 whereby the Division Bench of the High Court partly allowed the appeal and confirmed the judgment dated 02.04.1992 passed by the IInd Additional Session Judge, Shivpuri, Madhya Pradesh in Session Case No. 157/1989 against the appellants herein under Sections 148, 302 read with 149, 452 and 325 read with 149 of the Indian Penal Code, 1860 (for short 'IPC').
(2.) Brief facts: (a) As per the prosecution, on 09.09.1989, at about 12 noon, two cows belonging to Badri (since deceased) entered into the field of Ramjilal and Badri (accused), who is having the same name as that of the deceased and damaged the crops standing in the field which resulted into an altercation between them. During altercation, Badri (since deceased) inflicted a lathi blow on the head of accused-Badri and, thereafter, he ran away from the spot. Thereafter, the appellants herein along with Ramjilal, Badri, Roshan and Brijmohan carrying luhangi (lethal weapon) and lathis in their hands reached the house of Badri (since deceased). (b) It is the further case of the prosecution that Chintu Mahte (Appellant No. 2 herein) dragged him from his house and Ramswaroop (Appellant No. 1 herein) gave a luhangi blow on the left rib of the deceased. Ramjilal and Chintu Mahte gave lathi blows on his neck and left rib respectively. Roshan gave a lathi blow on his neck and Badri (accused) gave a lathi blow on his left cheek. The above said acts of the accused resulted into severe injuries on the body of the deceased which were sufficient to cause death in the ordinary course of nature. (c) During the above said incident, Gourabai (PW-5), mother of the deceased, rushed to save her son whereupon the accused Badri gave a lathi blow on her right hand due to which she also sustained injuries. (d) On the very same day, i.e. on 09.09.1989, Badri (since deceased) along with his mother and son-Narayan (PW-11) lodged an FIR at Police Chowki Amol Patha based on which Crime No. 12/1989 under Sections 147, 148, 149, 325 and 452 of IPC was registered against the accused persons. Thereafter, Badri (since deceased) was immediately rushed to the hospital for medical examination and treatment but he died on the way. Gourabai (PW-5) the injured was also referred for medical examination. (e) After completion of the investigation, a charge sheet was filed against all the accused persons for the offences punishable under Sections 148, 302 read with Sections 149, 452 and 325 read with Section 149 of IPC and the case was committed to the Court of IInd Additional Session Judge, Shivpuri and numbered as Session Case No. 157/1989. (f) The Additional Session Judge, by judgment dated 02.04.1992, convicted all the accused persons under Sections 148, 302 read with Sections 149, 452 and 325 read with Section 149 of IPC and sentenced them to suffer rigorous imprisonment (RI) for 1 year under Section 148 of IPC, life imprisonment under Section 302 read with Section 149 of IPC and RI for 2 years for the offences punishable under Section 452 and Section 325 read with Section 149 of IPC. (g) Aggrieved by the judgment and order of the Additional Session Judge, all the accused persons preferred an appeal being Criminal Appeal No. 82 of 1992 before the High Court of Madhya Pradesh, Bench at Gwalior. (h) By impugned judgment and order dated 25.08.2005, the High Court confirmed the conviction and sentence of accused Ramswaroop and Chintu Mahte (appellants herein) under all the charges. The appeal in respect of accused Badri was abated due to his death during the pendency of the appeal. The High Court set aside the conviction of rest of the appellants therein, namely, Ramjilal, Roshan Lal and Brij Mohan under Section 302 read with Section 149 of IPC while affirming the conviction under Sections 148, 452 and 325 read with Section 149 of IPC and modified the sentence to the period already undergone. (i) Questioning the conviction and sentence, Ramswaroop and Chintu Mahte, the appellants herein filed the above appeal.
(3.) Heard Mr. Lakhan Singh Chauhan, learned counsel appearing for the appellants-accused and Ms. Vibha Datta Makhija, learned counsel appearing for the respondent-State.;