- (1.)The appellants, who were convicted under Sections 302/149 and 148, IPC by the Trial Court and whose conviction was altered by the High Court to Section 302/34, IPC, have filed this appeal by way of special leave, having been dissatisfied with the judgment and order dated 4th December, 2008 of the High Court of Madhya Pradesh at Jabalpur passed in Criminal Appeal No. 1467 of 2000.
(2.)The facts in brief, as discerned from the prosecution story, are that on 8th November, 1999 at about 5.00 p.m., some quarrel took place between the complainant Hiralal (PW-1) on one side and appellant No. 2 (Sukha Manidas) and two other accused on the other side. The complainant then rushed to the Police Station, Amdara along with his father (Mohanlal Sahu) for lodging a report against the accused who quarreled with him. While the complainant and his father (the deceased) were returning home from the police station about 9.00 p.m., in the midway, appellant No. 3 (Suresh) appeared suddenly from behind and attacked Mohanlal Sahu (father of the complainant) with a stick (lathi) giving severe blows, resultantly Mohanlal Sahu fell down on the ground. Soon thereafter, the other accused, namely, Chintamani, armed with a sword, Sukha Manidas, carrying an iron rod and Suresh, Ramkumar and Ramesh with lathis in their hands appeared there and attacked Mohan Lal Sahu with their weapons/sticks giving continuous beatings. The complainant shocked thereby and out of fear, took shelter behind some bushes and immediately after the accused left the scene of occurrence, the complainant along with a villager Ramkishore Sahu (PW 2) noticed that Mohan Sahu (deceased) was soaked in the blood and he succumbed to the injuries caused by the accused. After informing about the incident to his brother and mother, the complainant went to the police station and lodged F.I.R. (Ext. P-1) against the accused persons.
(3.)The police, after registering the case, took up the investigation immediately. The Investigating Officer (PW-14) arrived at the spot, conducted inquest, recorded statements of witnesses and arrested the accused persons. At the instance of the accused, the I.O. recovered weapons used in the crime, prepared seizure memo and sent the body of the deceased for postmortem. Charge Sheet was accordingly filed against all the five accused under Sections 148 and 302/149, IPC and the matter was thereafter committed to the Court of Session. The appellants pleaded not guilty and claimed trial.