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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEVNARAYAN MISHRA
Damaji S/o Ghuranlal – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
DEVNARAYAN MISHRA, J.
1. This appeal has been filed under Section 374 (2) of the Criminal Procedure Code being aggrieved with the judgment and sentence passed by the 1st Additional Sessions Judge, Waraseoni District Balaghat in Sessions Trial No. 09/2003 by which the appellant has been convicted for the offences punishable under Sections 148 & 325 read with Section 149 of IPC respectively and sentenced to undergo Rigorous Imprisonment of 04 months and 03 months and fine of Rs.500/- on each count with default stipulations of imprisonment 15 days - 15 days.
2. Basically this appeal was filed by the six persons but during pendency of the appeal, appellant No.1 namely Dmaji S/o Ghuranlal and appellant No.6 Rama Ji S/o Ghuran Lal have expired, therefore, their appeal is abated.
3. The prosecution case in nutshell is that, in the intervening night of 24-25th October, 2002 victim Sursen was irrigating his field, regarding the irrigation, deceased appellant No.1 Damaji, appellant No.2 Virendra and appellant No.3 Mangru Lodhi started abusing and threatened him to kill and started beating him with Lakdi and Khatwa as a result, the victim sustained injuries in his back, both hands legs
The court upheld the convictions under sections 147, 148, and 324 IPC, affirming that eyewitness and medical testimonies established the involvement of the appellants in the unlawful assembly and ass....
The court affirmed the conviction under Sections 302 and 307 IPC, emphasizing the credibility of eyewitnesses and the common object of the accused in a fatal assault.
The court upheld the convictions for violent offenses based on overwhelming eyewitness testimony while reducing sentences to fines due to the appellants' changed circumstances over time.
Participants in a sudden quarrel may be convicted of lesser offenses if murder intent is absent, emphasizing distinctions in culpability based on intent and circumstances.
The main legal point established in the judgment is that the invocation of vicarious liability by virtue of Section 149 IPC requires evidence of the formation of an unlawful assembly, and the court m....
The judgment emphasizes the importance of clear and unambiguous charges to provide the accused with a precise notice of the accusations, and the need for sufficient and consistent evidence to support....
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