VIRENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant Virendra Singh against the judgment dated 17.5.2002 passed by the High Court of Judicature of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 262 of 1986.

(2.) BRIEF facts which are necessary to dispose of the appeal are as under: Hakim Singh and his two sons Virendra Singh and Kamlesh Singh went to the house of the deceased Bhagirath and asked him to reap their crop the next day. Bhagirath informed that he would not be able to reap their crop as he had to reap the crop grown in his own field. He also informed the accused persons that apart from reaping his crop he would also be busy in 'lagan ceremony' of his son Satyanarain and Tilak ceremony of his grandson, Lakhan which was going to be performed after two days. In spite of his clear explanation for not being able to reap the crop of the accused persons, they pressurized the deceased Bhagirath to reap the crop standing on their field. The accused persons got annoyed on deceased's refusal to reap their crop. Accused Hakim Singh, Kamlesh and Virendra Singh armed with weapons went to the house of Bhagirath the next day at 7.00 a.m. to take revenge for declining to carry out the order of the accused persons. Virendra Singh and Hakim Singh were armed with lathis and Kamlesh was armed with a rifle. They asked Bhagirath why he had not gone to reap their crop. The deceased replied that he had already informed them that he would not be in a position to reap their crop for the aforementioned reasons. On getting this response, accused persons, namely, Hakim Singh and Virendra Singh got infuriated and started hurling filthy abuses and beating Baburam, son of the deceased. When Hakim Singh and Virendra Singh were assaulting Baburam with lathis, then Lakhan, Rakesh, Satyanarain, son of the deceased, Ramshri, mother of Baburam and Rajkumari, sister of Baburam rushed to save Baburam. Hakim Singh and Virendra Singh also assaulted Lakhan with lathis on the head, shoulder and back. The accused persons also caused injuries to Ramshri and Satyanarain.

(3.) IT was canvassed before the trial court that the deceased had died because of the fire arm injury caused by Kamlesh, therefore, Virendra Singh and Hakim Singh cannot be convicted under section 302 read with section 34 of the Indian Penal Code.