Bahadur Singh & Ors vs State Of Madhya Pradesh

2. The appellants herein are five in number and were charged along with ten other accused on the allegation that they armed with deadly weapons indulged 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 and sentence the said five accused have preferred the present appeals.

3.The prosecution case in brief is stated thus:

5. The prosecution examined PWs 1 to 17 and marked documents to prove the charges. The defence examined DW1 on their side. The Trial Court acquitted two of the accused and convicted the remaining thirteen accused and sentenced them as stated earlier. The High Court confirmed the conviction and sentence imposed on five accused by dismissing their appeals and acquitted the remaining eight accused by allowing their appeals. Challenging their conviction and sentence the five accused have preferred these appeals.

7. The prosecution case is that the appellants in furtherance of their common object committed the murder of Babu Lal by attacking him with dharia, axe and sword. The prosecution examined PW7 Shanti Lal as having witnessed the occurrence. PW7 Shanti Lal is the younger brother of Babu Lal and he has testified that on 7.8.2005 he, his brother Babu Lal and Shiv Narayan along with their servant Bhanwar were coming back from the agricultural field at about 6.30 p.m. and his brother Babu Lal was proceeding alone on his motorcycle and he, Shiv Narayan and servant Bhanwar were coming behind him on another motorcycle and the motorcycle of Babu Lal got stopped all of a sudden and he was trying to get it restarted and at that moment all the appellants holding axe, dharia and sword emerged from the adjoining field and attacked Babu Lal indiscriminately with their weapons and they also threatened him and others not to come forward lest they would also be killed and servant Bhanwar moved forward and he was assaulted and he ran away and after the attack the appellants fled towards Ranayara village. It is the further testimony of PW7 Shanti Lal that they went near and found Babu Lal lying dead in pool of blood and they went to their house in the village and then he went to police station, Aalot on motorcycle and lodged complaint at 7.20 p.m. and PW17 Inspector P.K. Sharma registered the case in Exh.P28 the First Information Report.

15. There are no merits in the appeals and the same are dismissed.

Criminal Appeal No(s). 1095-1097/2011 BAHADUR SINGH & ORS. Appellant(s) VERSUS STATE OF M.P. Respondents(s) Date : 03/06/2014 These appeals were called on for Judgment today.

For Appellant(s) Ms. Manjeet Chawla,Adv. For Respondent(s) Mr. C.D. Singh,AOR(NP) Hon'ble Mr. Justice C. Nagappan pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Jagdish Singh Khehar and His Lordship.

For the reasons recorded in the Non-Reportable Judgment, which is placed on the file, the appeals are dismissed.