JUDGMENT

G.S. Ahluwalia, J. - By this common judgment, Cr.A. No. 873 of 2011 filed by Chhaviram, Sodam @ Kunjbihari and Chunge @ Ramgopal and Cr.A. No. 977 of 2011 filed by Thakurdas and Janki @ Ramdas shall be decided.

2. It is not out of place to mention here that total 10 persons were made accused. Out of which six persons were tried in the present Sessions Trial, whereas two were juveniles and they were tried by JJB. Smt. Bhaggo Bai and Tillu were absconding. Smt. Bhaggo Bai was arrested subsequently. She has been tried separately and She too has been convicted. She has also filed Cr.A. No. 1116 of 2014. Since, the evidence in the Trial of co-accused Smt. Bhaggo bai was recorded separately, therefore, in the light of judgment passed by Supreme Court in the case of A.T. Mydeen Vs. The Asstt. Commissioner, Customs Department, reported on 31-10-2021 passed in Cr.A. No. 1306 of 2021, the evidence led in the case of present appellants cannot be read for co- accused Smt. Bhaggo bai and vice versa. However, the Appeal filed by Smt. Bhaggo Bai has also been heard simultaneously and shall be decided by a separate judgment.

3. It is not out of place to mention here that the Appellant Hemant who had filed Cr.A. No. 977 of 2011 has expired during the pendency of this Appeal and his appeal was dismissed as abated.

4. This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 7-9-2011 passed by 3rd Additional Sessions Judge (Fast Track Court) Dabra, Distt. Gwalior in S.T. No. 87/2010 by which the Appellants have been convicted and sentenced for the following offences :

All the sentences shall run concurrently.

5. The prosecution story in short is that on 15-9-2009 at 08:10 A.M., the complainant Narayan lodged an FIR on the allegations that on 14-9- 2009, a dispute had taken place between him and Hemant Kushwaha on the issue of fetching water from the water tanker sent by Municipal Council. Today, at about 7:45 A.M., his father was sitting on a platform constructed in front of his house. On the issue of water, Thakurdas, with sword, Hemant with sword, Sodam with sword and brother-in-law of Hemant with sword, Chhaviram with baka(Chopper), Janaki with iron rod, Chunge with Lathi and Bhaggo Bai empty handed came on the spot and started abusing him filthily. When his father objected to it, then Hemant and Thakurdas, with an intention to kill his father assaulted by sword as a result his father sustained injuries on his head and forehead, as well as on teeth and blood started oozing out. When his brother Amar Singh tried to intervene, then Sodam Singh assaulted him by sword whereas Janaki assaulted him by iron rod. At that time, Bhaggo Bai, wife of Chhaviram exhorted that all should be killed so that the daily dispute may come to an end. When his wife Asha and the complainant Narayan tried to intervene in the matter, the Appellant Chhaviram assaulted his wife by Baka, as a result she sustained injury on her right forearm. Chunge, and brother-in-law of Hemant also caused injuries to his father and brother. After hearing his alarm, his brother Premnarayan, Ashok and brother-in-law Sughar Singh also came on the spot. The assailants ran away. Thereafter, he took his brother and father to the hospital in an injured condition, where his father was declared dead by the Doctors. The complainant also stated that he has come to the Police Station after leaving the injured and other witnesses in the hospital.

6. Accordingly, the police registered FIR in Crime No. 650 of 2009 for