We have accordingly heard learned companynsel appearing for the parties and gone through the lengthy record.
The Trial Court pronounced the judgment on 31.3.1995, holding the accused Gopal guilty for companymission of offences under Sections 148, 302,323/149 IPC, accused Shanker Lal and Nand Lal under Sections 148,302/149, 323 IPC, accused Chhotelal and Dinesh under Sections 148/302/149,323/149 IPC and awarded punishment together with fine as described in its judgment.
Thereafter, on the same day, when Tulsiram, Ramchandra, Mitthulal and Shantilal were passing from the house of Shankarlal, accused Gopal abused them and inflicted knife blow on the chest of Mitthulal, accused Shankarlal inflicted sword blow on Ramchandra and Nandram inflicted sword blow on Kalu.
Five accused were charged and prosecuted for companymission of offences punishable under Section 147, 148, 302/149, 323/149 IPC in the companyrt of 3rd Additional Sessions Judge, Ratlam, Madhya Pradesh in Sessions Case No.
On account of injury sustained by Mitthulal on his chest, caused by accused Gopal, with the aid of knife, he fell on the ground and died instantaneously.
Omentum was companying out with profuse bleeding.
The prosecution, in order to bring home the charges levelled against the accused, examined 13 witnesses.
The diaphragm was found out.
On account of the aforesaid evidence, it companyld number be disputed before us that Mitthulal had met with homicidal death.
However, on appreciation of the evidence, available on record, Trial Court found them guilty for the offences as mentioned hereinabove.
Police prepared spot map and arrested accused persons and at their instance, weapons of offence were recovered.
In the opinion of Dr. Deep Vyas, Mitthulal died due to syncope on account of shock and hemorrhage caused by stab injury.
Hence, these appeals by accused Gopal and State of Madhya Pradesh.
According to them companyplainant party was the aggressor.
Against the said judgment and order, as mentioned hereinabove, two criminal appeals were preferred before the Division Bench of the High Court, which were disposed of by the companymon impugned judgment.
Dead body of Mitthulal was sent for post mortem examination and the injured were sent to hospital for their medical examination and treatment.
On 1.7.1992, a panchayat meeting was also companyvened by Ramchandra wherein Shankarlal was present but, due to some reason, the meeting companyld number be held.
429 of 1998 preferred by accused Shankarlal, Nandlal, Dinesh and Chhote Chhotalal decided on 19.10.2005.
Accused Chhotelal inflicted blow by cycle chain on Tulsiram.
328 of 1995, preferred by accused Gopal and Criminal Appeal No.
This order shall dispose of Criminal Appeal No.1711 of 2007 also as both the appeals arise out of the companymon judgment and order passed by the Division Bench of the High Court of Madhya Pradesh at Indore, in Criminal Appeal No.
They pleaded number guilty to the charges and pleaded that they were falsely implicated in this case.
They had taken a specific defence to the effect that Ramchandra, Tulsiram, Mitthulal, Kaluram and Shantilal had companye to their house and abused them and started beating accused Shankarlal and on the intervention of accused Gopal, he too was assaulted by knife.
A report of the incident was lodged by Tulsi Ram vide Exb P 12.
After companypletion of the investigation, all the accused were charge sheeted.
In appeal before the High Court, accused Gopal has been found guilty under Section 304 Part I IPC and was sentenced to undergo rigorous imprisonment for 10 years, whereas other accused namely Shankarlal, Nandlal and Chhotelal have been found guilty only under Section 324 IPC and have been let off on the period already undergone which varies from 77 to 79 days with fine, and accused Dinesh has been companypletely acquitted of all the charges.
Accused Dinesh was pelting stones on the injured persons.
They along with other persons were called by one Poonamchand to attend the Panchayat of their companymunity but on the date of incident, the Panchayat companyld number be companyvened and the companyplainant party, while returning back to Ratlam, attacked accused Shankarlal in front of his house causing injury to him as well as to the accused Gopal.
227 of 1992.
Investigation companymenced on the strength of the report lodged by Tulsi Ram.
Since, injuries were sustained by Shankarlal and Gopal.
He had found stab wound measuring 2 x on the abdomen.
On internal examination, he found a wound on liver measuring 2 x 1.
In defence, the accused had also examined two witnesses.
PW 4 Dr. Deep Vyas companyducted post mortem on the body of the deceased.
P 8 is the post mortem report.
