- (1.)These three appeals are preferred against the common judgment dated 16.7.2009 passed by the High Court of Madhya Pradesh Bench at Indore in Criminal Appeal Nos. 1288 of 2006, 1362 of 2006 and 1408 of 2006.
(2.)The appellants herein are five in number and were charged along with ten other accused on the allegation that they armed with deadly weaponsindulged in rioting and in furtherance of their common object committed the murder of Babulal and caused simple injury to Bhanwar in Sessions case no.193 of 2005 on the file of Additional Sessions Judge, Ratlam, Madhya Pradesh. The Trial Court acquitted two of the accused persons and convicted the remaining thirteen accused for the offence under Section 302 read with Section 149 IPC and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs.1000/- each in default to suffer three months rigorous imprisonment each. It also convicted them for offence under Section 148 IPC and sentenced each of them to undergo rigorous imprisonment for two years. Challenging the conviction and sentence all the convicted accused preferred six appeals. The High Court confirmed the conviction and sentence of five accused by dismissing their appeals and acquitted the remaining eight accused by allowing their appeals. Aggrieved by the confirmation of their conviction andsentence the said five accused have preferred the present appeals.
(3.)The prosecution case in brief is stated thus: PW7 Shanti Lal, deceased Babu Lal and Shiv Narayan are brothers and on 7.8.2005 at 6.30 p.m. they had gone to work in their field situated at a distance from their village Dudhia. In the evening at 6.30 p.m. they along with their servant PW1 Bhanwar while returning to their house Babu Lal was riding his motorcycle and PW7 Shanti Lal, Shiv Narayan and Bhanwar were following him on another motorcycle. On the way motorcycle of Babu Lal went out of order and he was trying to restart it, at that moment all the accused armed with dharia, axe, sword, balam and lathies surrounded Babu Lal and the accused persons Aziz son of Wali Mohammad and Aziz son of Jan Mohammad, Bahadur Singh, Madan and Dinesh attacked Babu Lal by dharia. PW7 Shanti Lal and Shiv Narayan tried to save Babu Lal but the accusedthreatened to attack them if they come near. Servant PW1 Bhanwar proceeded towards Babu Lal and he was assaulted by lathi by accused Chand Mohammad and he ran away. All the accused fled towards village Ranayara. PW7 Shanti Lal and Shiv Narayan went near Babu Lal and found him dead. They returned to the village and PW7 Shanti Lal went to Police Station Aalot and lodged complaint at 7.20 p.m. PW17 Town Inspector P.K. Sharma registered the case and Exh.P28 is the First Information Report. He took up the investigation and went to occurrence place and prepared Exh.29 Spot Map. He conducted inquest and prepared Exh.P18 Inquest Report. He sent the body for post-mortem. PW16 Dr. Prakash conducted autopsy on the body at Civil Hospital, Aalot at 8.30 a.m. on 8.8.2005 and found 32 incised wounds and 3 abrasions on the body and expressed opinion that the death has occurred due to shock and excessive external haemorrhage due to injury to neck, vessels, air passage and vital parts like brain, 12-18 hoursprior to post-mortem. Exh.P38 is the Post Mortem Report issued by him. PW16 Dr. Prakash also examined PW1 Bhanwar and Exh.P46 is the MLC Report issued by him.