The court affirmed the conviction of the appellants for murder, establishing that they acted in furtherance of a common object, resulting in multiple injuries and death.

JUDGMENT

Per: Justice G.S. Ahluwalia By this common Judgment, Cr.A. No. 2642 of 2008 filed by Ravindra Yadav, Nathu Yadav, Indrapal Yadav, Goverdhan Pal and Ghooman Yadav and Cr.A. No. 87 of 2009 filed by Babulal shall be decided.

2. Both the appeals have been filed under Section 374(2) of Cr.P.C., against the Judgment and Sentence dated 29-11-2008 passed by 6th Additional Sessions Judge (Fast Track Court), Chhatarpur by which the appellants have been convicted and sentenced for the following offences :

All sentences to run concurrently.

3. The prosecution story in short is that on 17-3-2006 at about 11.45 P.M., the complainant Rakesh lodged a report alleging that 2 days prior to the date of incident i.e., 17-3-2006, Rakesh and his father were working in their field. At that time, the father of Ravindra scolded that their cattles cause damage to the crop. Father of Rakesh replied, that a panchayat may be summoned and whatever damage is caused by their cattles, will be compensated by him. It was replied by father of Ravindra that compensation would not be sufficient and his eyes would be taken out. On the next day, the mother of Ravindra declared that Mahabharat would take place. On 17-3-2006, when Rakesh was going to deliver food to his Baba Chhandu Yadav, then near the Beda of Pandey, Indrapal assaulted him on his back by means of lathi, which landed on his shoulder. On raising alarm, Indrapal called the other accused persons by using abusive language as a result, Babu Yadav with lathi, Ghooman Yadav with Ballam, Ravindra Yadav with axe, Goverdhan and Nathu with lathi came and instigated that he should not survive. On hearing his alarm, his Baba Chhandu Yadav, father Rajaram Yadav, Vir Singh, Shanker Singh who were in the field, came there in order to save him. Then the accused persons assaulted on the head of his father Rajaram. Ravindra gave two axe blows on the head of Rajaram, as a result Rajaram sat down by catching hold of his head and started shouting. Ghooman gave a ballam blow on the leg of Rajaram. His Baba laid down on Rajaram in order to save him. Then Nathu Yadav, Goverdhan Yadav started assaulting him by lathi whereas Ravindra assaulted on the head of his baba by axe. They caused multiple injuries to Rajaram and his Baba. His uncle Vir Singh, Shanker tried to intervene then they too were assaulted by the accused persons, as a result they too received multiple injuries. All of them were shouting. Gorelal, Suraj Yadav, his mother, Aunt and various other villagers intervened