NIHAAL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) All these three appeals have arisen out of same judgment, therefore, they are heard analogously and are being decided by this common judgment.

(2.) The appellants have preferred these appeals against judgment and order dated 28.08.2014 passed in Sessions Trial No. 337/2013 by VII Additional Sessions Judge, Ujjain, whereby the appellants have been convicted under section 302/34 and 450 of the IPC and have been awarded life imprisonment and 5 years RI with fine of Rs.10,000/-and 2,000/- each respectively and in default of payment of fine, further to undergo rigorous imprisonment for three years and six months respectively.

(3.) The prosecution case in brief is that on 20.02.2013 at about 09:30 in the night in village Khatikhedi, District Ujjain near the house of Pope Singh, all the accused persons having battle axe and sticks in their hands constituted an unlawful assembly with intend to beat his son Mahipal on account of some altercation took place between Mahipal and the appellants on the preceding night on the issue of fetching water from the hand pump. They accosted the house, but Mahipal ran away. The appellants chased caught and beat him near Jai Maharaj Ka Bada. Here the accused Karan and Rajesh also joined them. They also beat Mahipal, but Amarsingh PW/3 rescued him. The appellant Nihal Singh also threatened him to kill. Mahipal sustained injuries including a severe injury on the head. Sarpanch Mukesh and Jitendra took him to Dewas for treatment. His father Pope Singh lodged FIR No. 18/2013 at Police Station Kaytha, which was registered under section 452, 323, 294, 506/34 of the IPC.