MARDAN SINGH AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) Criminal Appeal No.1245/1995 has been filed by the accused persons whereas Criminal Appeal No.1503/1995 has been filed by the State against the acquittal of some of the accused persons. Both the appeals have been heard together and are being decided by this common judgment.

(2.) These appeals have been filed against the judgment dated 05.08.1995 passed by First Additional Sessions Judge, Damoh in Sessions Trial No.32/1993, whereby the accused persons were convicted under Sections 326 / 149 and 148 of the IPC and sentenced to undergo R.I. for three years and R.I. for one year respectively.

(3.) Brief facts of the case are that on 06.01.1993 at about 8:00 am, Vishwanath (since deceased) was coming to Hatta. When he reached near Rausra river bank, all the accused persons came there armed with sticks and farsa and assaulted Vishwanath. Consequent to which he sustained several injuries on his hands, legs and head. He fell down on the ground. Thereafter, the accused persons thrown a stone on his abdomen. They had enmity with Vishwanath due to land dispute. Hariram, Giran and Maharani witnessed the incident. Police reached there and brought Vishwanath to the Police Station. On his report, an FIR was lodged against the accused persons under Sections 147 , 148 , 149 and 307 of IPC. His dying declaration and statement under Section 161 of Cr.P.C. have been recorded. He was sent to District Hospital Damoh. Later referred to Jabalpur Hospital. During treatment he died. After investigation, charge-sheet has been filed before the concerned Court.