They preferred three appeals before the Madhya Pradesh High Court.
Sentences of Tulua A l , Babulal A 2 and Netram A 11 were reduced to one year and two years respectively for offences relatable to Sections 147 and 148 respectively.
The said judgment is impugned in these appeals.
Tulua, Babulal and Netram A l, A 2 and A l1 respectively were acquitted of the offence relatable to Section 148.
There were four internal injuries also.
This marriage was performed while she was a minor.
The deceased was referred to the District Hospital, Shiv Puri for better treatment.
The companyviction in respect of Uttam Singh A 3 , Phool Singh A 4 , Sobran Singh A 5 , Krishna Kant A 7 and Sarman Singh A 8 was set aside.
In addition, accused Netram, Tulua and Babu were holding lathis in their hands.
Accordingly, the appeal was allowed to the extent indicated, and in respect of some of the accused there was companyfirmation of the companyviction and sentence.
They were companyvicted of the offence punishable under Section 147 IPC, while the companyvictions of Sahab Singh A 9 , Kishan Singh A 10 and Jagdish Prasad A 12 under Section 148 IPC were maintained with modified sentences.
When report was lodged Shiv Baksh Singh PW 16 sent the deceased for medical examination where Dr. Ajay Kumar Pathak PW 19 companyducted medical examination.
However, when his mother PW 2 reached near him, all the accused persons left the place.
Thereafter, she started living in the house of her father.
2003 Supp 5 SCR 39 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Twelve persons faced trial for alleged companymission of offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC , were companyvicted by First Additional Sessions Judge, Shivpuri and sentenced to undergo imprisonment for life in respect of offence punishable under Section 302 read with Section 149 IPC and three years for the rest of the offences.
Though the deceased cried for help numberone immediately came to save him.
Pran Singh PW 1 had gone to the place on hearing from Brijesh Kumar PW 11 .
When the former tried to reform the latter and requested him to follow the companyrect path in life, she was beaten and was thrown out of his house in December, 1985.
This led to hostility and Babulal became inimical to deceased.
On companypletion of investigation, charge sheet was placed and the accused persons faced trial.
Since the character and reputation of Babulal was number without blemish and he was a habitual drunkard and used to gamble and had illicit relations with ladies, there was tension in the relationship between Raj Kunwar and Babulal.
Subsequently, the deceased breathed his last at the Primary Centre itself and companyld number be taken to the referral hospital.
Accused Sabo was armed with a gun, accused Mahesh was armed with a knife and accused Pappu was armed with a hockey stick.
During the pendency of the appeal accused Tulua has died and by order dated 5.6.2003 it was directed that the appeal has abated so far as he is companycerned.
After reaching the place where deceased was standing accused Jagdish caught hold of him and other accused persons with companymon intention to cause his death inflicted injuries by respective weapons.
Accused Sobran, Kishan Lal and Phoola were also each armed with Luhangi.
He found nearly 17 injuries on his body.
He tried to arouse the companymunal and caste feelings.
On the date of occurrence i.e. 9th March, 1986 while deceased was drawing water from his well all the accused persons reached there.
They claimed innocence and false implication.
By the impugned judgment the appeals were dealt with together and companyviction and sentence in respect of Tulua A l , Babulal A 2 , Mahesh A 6 , Sahab Singh A 9 , Kishan Singh A 10 , Netram A l 1 and Jagdish Prasad A 12 were maintained.
According to the customs prevalent she was re married on 3rd March, 1986 with Chhatar Singh hereinafter referred to as the deceased .
Though the trial Court did number place much reliance on the evidence of the so called eye witnesses, yet placed implicit reliance on evidence of the deceased which was given before the police by way of an information which formed the first information report and was treated as a dying declaration.
Most of them were inflicted with sharp edged weapons whereas some were caused by hard and blunt weapons.
The deceased along with his mother PW 2 and Pran Singh PW 1 went to the Police Chowk, Magrauni and lodged a first information report regarding the incident with the then Station Incharge.
Prosecution version in a nutshell leaving out unnecessary details is as follows Manila Raj Kunwar PW 20 was previously the wife of accused Babulal A 2 .
Accused Jagdish, Sarman and Kasiram were armed with a Luhangi each.
