( 1 ) PATTU alias Pratap Singh, Roop Singh, Chuttu alias Jagat Singh, Kuddu alias Gajraj Singh, Karra alias Kallu, Narayan Singh, Vijay Singh, (hereinafter referred to as the accused) besides three other accused persons were put on trial for offence under Sections 147, 148, 302/149 (on two counts) and 436 of the Indian Penal Code. First Additional Sessions Judge, Katni, by judgment dated 30-11-1999 passed in Sessions Trial No. 230/98 acquitted three accused persons of all the charges, but found the aforementioned accused persons guilty for offence under Sections 148 and 302/149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year and death respectively. Accused Pattu alias Pratap, accused Chuttu alias Jagat Singh, accused Kuddu alias Gajraj Singh and accused Narayan Singh have further been found guilty for offence under Section 436 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. As the learned Judge had awarded the sentence of death, he has transmitted the proceeding to this Court for confirmation, which has been registered as Criminal Reference No. 9/99. Accused persons being aggrieved by their conviction and sentence, have preferred appeal which has been registered as Criminal Appeal No. 3301/99. The reference and the appeal were heard together and they are being disposed of by this common judgment.

( 2 ) PROSECUTION started on the basis of a Dehati Nalishi (Ex. P/1) given by P. W. 1 Lutairam, father of the deceased Moolchand in village Imaliya, on 12-2-1998 at 13. 15 hrs. , according to which there was dispute between him, his son Moolchand and accused Vijay and Pratap on account of non-payment of ploughing dues for the last three years. According to this report, deceased Moolchand has ploughed the field of accused Pratap Singh for which he was demanding wages of Rs. 2000/- which was not being paid by him. In order to prevent the deceased from realising the amount, all the accused persons started alleging that deceased Moolchand teased accused Pratap's wife Sheela Bai and as such they will not pay even a farthing to Moolchand. Instead, they were asking Moolchand to pay a sum of Rs. 25,000/- falling which he shall be killed. According to this report, all the accused persons on 11-2-98 demanded a sum of Rs. 25,000 from Moolchand and threatened him that in case he fails to pay the amount, he shall be killed. On the following day, according to this report, all the accused persons armed with lathis and kulhadi (axe) were standing in front of the house of deceased Moolchand and seeing the informant, accused Pratap asked him to call the deceased for talk, failing which he will be killed. Prosecution story further is that at this informant Lutairam called the deceased, who was inside the house and the moment he came out, accused Pratap assaulted him by axe which caused injury on his right palm. Thereafter, according to the report, all other accused persons started assaulting to Moolchand and in order to save his life, he ran inside his house and locked the door in which 20 days old son of Moolchand was also sleeping. Thereafter, according to the report, when deceased did not open the door, accused Pratap started cutting the door by axe and when he did not succeed in the same, they went to the roof of the house; made hold in the same and at that time other accused persons were standing at the door to prevent the deceased from fleeing away from the house. It has been further alleged in the report that from the hole made in the roof, accused Pratap, Gajraj, Jagat Singh and Narayan Singh started throwing bricks on Moolchand and accused Karra threw a brick on Babbu (20 days old son of the deceased) who first cried and then stopped crying. In the report it has been further stated that the informant besides other witnesses collected there, requested the accused persons not to kill the decased Moolchand and they wereprepared to pay a sum of Rs. 25,000/- but accused pers

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