- (1.)The appellants by preferring this appeal assailed the legality and validity of their conviction and sentence, which is as under :-
Appellant No. 1 to 4 & 7 :-
JUDGEMENT_58_LAWS(MPH)2_2016.html
Appellant No. 5 & 6 :-
JUDGEMENT_58_LAWS(MPH)2_2016(1).html
(2.)Brief facts of the prosecution case are as under :-
Complainant Vijay (PW-1) is the brother of deceased Gayaprasad and Sohan (PW-2). On 07/12/2004, at about 8:00 a.m., the complainant Vijay (PW-1) and his servant Mahesh were irrigating their field, known as Santer wala khet. That, at about 11.00 a.m. Gayaprasad and Sohanlal along with their nephews namely Sanjay, Ajay and Dhiraj came there and started spreading the pipe. At the same time appellant Anoop, Dilip, Surendra, Pawan, Munna, Ashok (all are real brothers) and their family friend Golu came there and raised an objection as to how Vijay is irrigating the field from the water of the canal, which resulted in a wordy altercation between the parties and injuries were inflicted by the appellants on the deceased and witnesses. Appellant Anoop inflected injury with knife on the left side of the chest of deceased Gayaprasad and then other appellants have also attacked him with lathis. When Sohanlal and Vijay tried to rescue their brother Gayaprasad, they were also inflicted injuries with knife and lathi by the appellants Munna, Ashok and Golu. During the incident Gayaprasad sustained serious injuries whereas Sohan and Vijay sustained grievous injuries.

(3.)Injured Gayaprasad and Sohanlal were immediately taken to hospital but on the way to the hospital Gayaprasad has been died, whereas injured Sohan was admitted in Suyash Hospital, Indore and the dead-body of Gayaprasad was taken to M.Y. Hospital, Indore. Injured Vijay was sent for medical examination to Civil Hospital, Mhow. Vijay has lodged the report at Police Station Kishanganj, Mhow against the appellants. On this basis Crime No.442/2004 for the offence under Sections 302, 147, 148, 149, 307 and 294 of the IPC has been registered.