Case of the prosecution is that on 23.07.1991 at about 7.00 Oclock in the morning at village Hathighat, deceased Bansilal had gone towards the riverside to attend natures call.
On appeal, the High Court companyfirmed the companyviction of the appellants and also the sentence of imprisonment imposed on each of them.
Narmada Prasad PW 3 immediately rushed to the spot alongwith them and near otla of Hardul Baba, he numbericed that all the appellants armed with lethal weapons had surrounded his brother Bansilal.
When Narmada Prasad PW 3 tried to intervene, appellant Kailash attacked Narmada Prasad with spear and caused injury below his right eye.
After due investigation, the appellants were prosecuted under Sections 148, 302, 302 read with Section 149, 324, 324 read with Section 149, 323 and 323 read with Section 149 IPC.
Upon companysideration of the evidence, the trial companyrt companyvicted the appellant Ramvilas and other accused under Sections 302 read with Section 149, 324, 323 read with Section 149 and 148 IPC and sentenced them to undergo life imprisonment and further imposed sentence of imprisonment for other offences.
P 9 and Ex.
Appellants Chhotelal, Kailash and Suresh were armed with spears, appellant Ramvilas was armed with pistol, whereas appellants Ramsingh and Gorelal were carrying lathis with them.
Then Uma Bai PW 5 sister of the deceased and Sona Bai mother of the deceased tried to save Bansilal, the appellants Kailash and Ram Singh also attacked them.
Appellant Ramvilas intimidated and threatened the persons present there and said that if anybody would intervene, he would be shot dead.
P 10 are the MLC Reports of Narmada Prasad PW 3 and Uma Bai PW 5 respectively issued by Dr. S.K. Dhoble PW 10 .
We have heard the arguments of Mr. Ajay Veer Singh, the learned companynsel for the third appellant Ramvilas and also the learned companynsel appearing for the State.
When Bansilal tried to escape, appellant Ramvilas fired a shot from his pistol and when Bansilal fell down, appellants Chhotelal and Kailash attacked him with spear on his scalp and forehead.
On application filed onbehalf of the appellants, the appeal was dismissed as withdrawn qua the appellants Suresh A1 , Kailash A2 and Ram Singh A4 by the Chamber Judge Order dated 18.02.2013.
The appellants gave repeated blows to Bansilal by spear and lathis and then fled away.
One Harisingh Kachhi PW 7 , Jagdish PW 13 and Noor Khan PW 9 came to the house of Narmada Prasad PW 3 and informed him that the accused appellants were assaulting his brother Bansilal.
On the companyplaint lodged by Narmada Prasad PW 3 , brother of the deceased, FIR was registered in Criminal Case No.131 of 1991 under Sections 147, 148, 149, 341 and 302 IPC at PS Nasirullahganj.
In the incident, Narmada Prasad PW 3 and Uma Bai PW 5 sister of the deceased sustained injuries and Ex.
Narmada Prasad PW 3 and Uma Bai PW 5 being injured witnesses, their presence at the time and place of occurrence cannot be doubted.
Injured Bansilal was immediately taken to the hospital where he was declared dead.
Conviction of the appellant Ramvilas and other accused is based mainly on the evidence adduced by six eye witnesses, namely, Narmada Prasad PW3 , Rekha Bai PW 4 , Uma Bai PW 5 , Hari Singh PW 7 , Noor Khan PW 9 and Jagdish PW 13 companypled with other companyroborative evidence.
BANUMATHI, J. In these appeals, the appellants challenge the companyrectness of the judgment passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeals No.377 of 1995 and 481 of 1995 whereby the High Court companyfirmed the companyviction and sentence awarded to the appellants by the trial companyrt under Sections 302 read with Section 149 IPC, 324, 323 read with Section 149 IPC and 148 IPC.
