The High Court by judgment dated 03.04.1998 in Criminal Appeal No.149/1998 filed by the Complainants side partly allowed the appeal and released the appellants therein on already undergone sentence period.
Hence, aggrieved by impugned judgment dated 24.04.2007, the appellants have preferred these appeals by way of special leave before this Court.
All the sentenced were directed to run companycurrently.
Not satisfied with the reply of Keshav Singh, the appellants came along with Rambaran armed with Axe and Ummed Singh armed with Bhala and Ramhet armed with Lathi and started abusing him.
In the meantime, Rambaran went ahead and inflicted an Axe blow on the head of Keshav Singh whereas Ramhet inflicted Lathi blow on the wrist of his right hand and also on the right peddle of leg.
Suresh had given a Bhala blow on the back of Shyam Singh.
Keshav Singh replied that he will number take the water in future.
In short, the case of the prosecution is that on 06.12.1992, when Keshav SinghComplainant PW 10 was taking the water to his field from the tube well of Jairam, the appellants asked him that why he is taking water through their Medh.
Bhind, which was registered as FIR No.132/92 dated 06.12.1992.
Kali Charan and Mahesh came there for sorting out the matter.
Later on Rambaran succumbed to his injuries.
Against the said judgment, the appellants herein filed special leave petition before this Court.
Signature Not Verified Digitally signed by ANITA MALHOTRA Abhay Manohar Sapre, J. Date 2018.05.11 170149 IST Reason Leave granted in S.L.P. Crl.
The police investigated both the FIRs and filed cross case against the appellants under Sections 148, 307 and 323/149 IPC whereas against the companyplainants side FIR No.131/1992 under Sections 148, 302, 149, 325/149, 324, 323/149 IPC.
Inder Singh was also taking water to his field, therefore, Rambaran deceased inflicted him a blow with Axe on his head and Ramhet also gave him a Lathi blow on his head.
Both the trials were tried together and by order dated 20.02.1998 in S.T. No.78/1993, all the appellants were companyvicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for two years, Suresh Singh and Ummed Singh were companyvicted under Section 307 IPC and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.2000/ each, Ramhet and Sobran were companyvicted under Section 307/149 IPC and sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.2000/ each, all the appellants were companyvicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for six months and further companyvicted under Section 323/149 IPC and sentenced to undergo rigorous imprisonment for six months.
The injured Keshav Singh, Ujjagar Singh, Shyam Singh, Rai Singh and Inder Singh were sent for the treatment to the Government Hospital, Umri.
Thereafter Sobran armed with Lathi and Suresh armed with Bhala came there.
Suresh inflicted a blow with Bhala and Sobran inflicted a lathi blow on the shoulder of Keshav Singh.
On the same day, i.e., 06.12.1992, Keshav Singh lodged a report at the Police Station, Umri, Dist.
No.1342 of 2010.
There was a free fight between the two groups.
Rambaran had given an axe blow on the head of Shyam Singh.
The Additional Sessions judge registered S.T. No.78/1993 against the appellants herein and S.T. No.79 of 1993 against Keshav Singh and others under Sections 148, 302/149, 325/149, 324 and 323/149 IPC.
Thereafter, the brothers of Keshav Singh, namely, Ujjagar Singh and Rai Singh came there, who were also watering on their fields which were nearer to the place of occurrence.
For the same incident, the appellants herein also lodged a report at the Police Station, Umri, Dist.,
The Additional Sessions Judge companyvicted the other party in S.T. No.79/1993 , namely, Rai Singh, Keshav Singh, Ujjagar Singh, Inder Singh, Gyan Singh and Shyam Singh for the offences punishable under Sections 148, 302/149, 323/149, 325 and 323 of IPC and sentenced them to undergo rigorous imprisonment for two years under Section 148 IPC, life imprisonment under Section 302/149 IPC, rigorous imprisonment for one year under Section 323/149 IPC, rigorous imprisonment for two years under Section 325 IPC and rigorous imprisonment for six months and a fine of Rs.2000/ each under Section 323 IPC.
109 of 1998 whereas the opposite party filed Criminal Appeal No.149 of 1998 before the High Court.
109 of 1998 whereby the High Court disposed of the appeal filed by the appellants herein and modified the order dated 20.02.1998 passed by the Additional Sessions Judge, Bhind in S.T. No.78 of 1993 by reducing the sentence of the appellants passed under Section 307/149 of the Indian Penal Code, 1860 hereinafter referred to as IPC from seven years to five years and affirmed the sentences and fine awarded under other sections.
Bhind against the appellants herein which was registered as FIR No.131/92.
By impugned judgment dated 24.04.2008 in Criminal Appeal No.109/1998, the High Court disposed of the appeal and modified the order of the Additional Sessions Judge by reducing the sentence of the appellants herein under Section 307/149 IPC from seven years to five years and affirmed other sentences and fine.
This Court by order dated 14.05.2010 dismissed the special leave petition.
Being aggrieved by the order of companyviction and sentence passed by the Additional Sessions Judge, the appellants filed appeal being Criminal Appeal No.
These appeals are filed by the accused persons against the final judgment and order dated 24.04.2007 passed by the High Court of Madhya Pradesh Bench at Gwalior in Criminal Appeal No.
