KASHI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Eight accused persons were tried by Additional Sessions Judge, Morena, Mahdya Pradesh on charges under Sections 148, 302, 302 read with 149, 324 read with 149, IPC and Sections 25 and 27 of Arms Act, 1959. On trial, the Sessions Court acquitted all the accused of the offences charged against them. The State of Madhya Pradesh, feeling aggrieved by the judgment of acquittal, preferred an appeal before the High Court. It appears that Inderlal alias Indera son of Kashiram (accused-respondent No. 2 before the High Court) expired during the pendency of appeal. A Division Bench of the High Court has allowed the appeal and set aside the acquittal of the accused persons and instead convicted accused-respondent Ramesh under Section 302/149, IPC, 148, IPC and Section 27 of the Arms Act; accused Nanakram under Section 148, IPC and Section 27 of the Arms Act; accused Kashiram and Teekaram, each under Section 148 and Section 324/149, IPC; accused Suresh and Ratana, each under Section 147 and Section 323/149, IPC and sentenced each of them to various terms of imprisonment. Accused Ramesh, of course, has been sentenced to life imprisonment with a fine of Rs. 5,000/- for offence under Section 302/149, IPC, in default of payment of fine to rigorous imprisonment for six months, to one year R.I. under Section 148, IPC, and to one year RI under Section 27 of the Arms Act, all the sentences made to run concurrently. As to accused Prabhu, the High Court has held, that he inflicted a farsa injury on the head of Mahendra, but as the prosecution has not properly explained the injuries of Prabhu, he can be held to have acted in self-defence and therefore he deserves to be acquitted. His acquittal has not been challenged by State by filing an appeal.

(2.) The complainant and the accused persons are all residents of village Jaitpur, P.S. Bagchini, District Morena, Madhya Pradesh. Sundera, PW-7 and Siya Ram, PW-9 are real brothers. Lakhan and Brindawan who died in the incident were the sons of their another brother Jagannath. Mahendra, PW-8 is also son of late Jagannath i.e. he is real brother of the two deceased. Thus the two persons who died in the incident and all the injured on the prosecution side and appearing as eye-witnesses are related with each other.

(3.) Accused Ramesh, Tika Ram, Prabhu and Bhabhuti were real brothers and resided jointly. Accused Ratna is the son of Bhabuti. Nanak Ram and Suresh accused are the sons of Prabhu. Kashi Ram and Inder Lal were also related to each other though separated by a few degree of relationship. Thus all the accused persons are related with each other.