B.K. Shrivastava, J. - (1.)This criminal appeal has been filed on 05.12.1994 under Section 374 (2) of Cr.P.C. against the judgment dated 29.11.1994 passed by the Second ASJ, Jabalpur in Sessions Trial No.125/1992. By the impugned judgment, the learned lower Court convicct ted the appellants for the offence under section 302/34 of IPC and sentenced them to undergo life imprisonment.
(2.)As per prosecution case, Mahendra Kumar Yadav (Pw4) aged about 20 years, was doing the business of milk [Milkman]. On 21.08.1991 he had gone to distribute the milk in the TCC Colony, Jabalpur. At about 10.15 a.m., when he was returning back and reached to Gorabajar, he met his father Lakhan Lal Yadav who was on the scooter, while the complainant Mahendra was on cycle. The complainant was going behind his father. When his father Lakhan Lan crossed the Nala of Gorabajar and reached near the Pump House, at that time accused/ appellants Ashok, Mansingh and Ramesh Yadav came in front of Lakhan Yadav. Ashok was holding Farsa and Mansingh and Ramesh both were holding Swords. They put the cycle in front of the scooter of Lakhan to stop him. Thereafter Mansingh attacked on Lakhan by Sword and Ashok assaulted by Farsa. When the Lakhan fled away, leaving his scooter and went towards the temple, then all three accused followed him. Lakhan fell in the mud and thereafter all three accused assaulted upon him by Farsa and Sword. Lakhan cried to save him by saying "cpkvks cpkvks", but no body helped him. The complainant Mahendra tried to save his father but the accused persons also tried to attack him, therefore, he could not save his father and Lakhan expired on the spot.
(3.)The incident took place at about 10:15 a.m. on 21.08.1991. Mahendra Yadav (son of the deceased) went to the Police Station Gorabajar and lodged the FIR Ex. P-7 at 10.25 a.m.. Police registered the Crime No. 0/91 under Section 302 of IPC. Upon the basis of aforesaid report, original Crime No. 279/91 was registered at Police Station Cantt. As per telephonic information received from Police Choki, Gorabajar, Marg Ex. P-17 was also registered at Police Station, Cantt. On the same day at about 10:40 a.m. Mansingh and Ashok reached to the police station, Cantt. holding Farsa and Sword in their hands and told Shankarlal, Head Constable that they are coming after committing the murder of Lakhan. The Head Constable prepared memo and seized a Farsa vide Ex. P-8 & a Sword vide Ex. P-9. In addition to aforesaid seizure, the head constable also seized a shirt of Mansingh and Kurta of Ashok vide Ex. P-10 and Ex. P-15. Thereafter, he arrested both the accused.