- (1.)THIS criminal appeal has been preferred by the appellants against the judgment dated 28-8-97 rendered in Sessions Trial No. 302/96 by the learned Addl. Sessions Judge, Ujjain, thereby convicting the appellants for the offence punishable under Sections 302 and 307 of the Indian Penal Code and sentencing him to suffer imprisonment for life and rigorous imprisonment for five years respectively and also convicting the appellants Santosh and Dilip for the offences punishable under Sections 302 and 307, both read with Section 34 of the Indian Penal Code and sentencing them each to suffer imprisonment for life and Rigorous Imprisonment for five years respectively. All the substantive sentences have been directed to run concurrently.
(2.)THE facts of the prosecution case as unfurled before the Trial Court were that on 8-5-96, Mainabai and the deceased Kailash had purchased KIMDIS (palm-tree branches) for preparing baskets. On 9-5-96, Mainabai, Sarjubai, Raju and the deceased went from Village Panbihar to Devi Karadiya on a bullock-cart to bring those purchased palm-branches. On the way, the appellants asked them as to why they have purchased the palm-branches from their village and warned them not to take the same. Deceased Kaiiash promised the appellants not to purchase again from Village Devi Karadiya in future and proceeded with loaded bullock-cart. Thereafter, on the way, quarrel between the two parties ensued. Appellant was armed with a Farsi, Dilip was armed with a lathi and Santosh was having handle of small sickle. Premnarayan assaulted Raju on his head and when Kailash went to his rescue, Premnarayan assaulted Kailash on his head by Farsi and Santosh assaulted the deceased by sickle which struck on his cheek and hands. Dilip also assaulted Mainabai by lathi on her arm, back and buttock.
(3.)SARJUBAI rushed towards village to call Chowkidar Mangilal. Mangilal informed the police about the incident which was recorded in Rojnamcha Sanha and thereafter, the police party reached the spot and at the instance of Mainabai (P. W. 13), Dehati Nalishi (Ex. P-18) was drawn and on this basis the First Information Report (Ex. P-20) was reduced into writing at the police station. Police registered the crime at No. 106/96, prepared the spot map (Ex. P-19) and seized the articles vide Ex. P-3. The dead body of Kailash was sent to the hospital for post-mortem examination. Post-mortem examination report is Ex. P-5. Injured Raju and Mainabai were also sent for medical examination. Their medical reports are Exs. P-4 and P-25 respectively. After performing the usual formalities of investigation, the appellants were charge-sheeted. The appellants abjured their guilt and claimed trial. They pleaded that they have been falsely implicated. The learned Trial Court, after trial, finding the appellants guilty of the offences charged, convicted and sentenced them as indicated hereinabove.