GULAB DAS Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal calls in question the correctness of an order passed by the High Court of Madhya Pradesh at Jabalpur whereby Criminal Appeal No. 1509 of 2000 filed by the Appellants challenging their conviction and the sentences awarded to them by the Additional Sessions Judge, Hoshangabad, in Sessions Trial No. 60/1995 has been dismissed.

(3.) Appellant No. 1, Gulab Das and his brother, Veeraji are residents of village Sonasavri, District Hoshangabad in the State of Madhya Pradesh. Both of them have built their respective houses that are adjacent to each other. Three days prior to the incident Gulab Das had put up a partition fence between the two properties. On 30th September, 1994 at about 7.45 a.m. while Veeraji was shifting the partition fence, alleging that it encroached on his property, an exchange of hot words started between Gulab Das and his two sons who are Appellant Nos. 2 & 3 on one hand and Veeraji, his wife and sons on the other. A free fight followed in which both the parties received injuries resulting in registration of cross cases by them in Police Station Itarsi, District Hoshangabad. While the case registered against the Appellants was for offences punishable under Sections 307, 325, 323 read with Section 34 Indian Penal Code, that registered against the opposite party was for the alleged commission of offences punishable under Sections 325, 323, 294 read with Section 34 Indian Penal Code. Separate charge sheets in relation to both the cases were filed by the police before the Jurisdictional Magistrate who committed the cases to the Court of Sessions Judge, Hoshangabad. The case against the Appellants was made over to the First Additional Sessions Judge, Hoshangabad, who acquitted the Appellants for some of the offences while convicting them for some others with which they were charged. The operative portion of the trial Courts order was in the following words: Therefore, accused persons Rajendra @ Rajjan and Chetan is being held guilty for charges under Section 307 Indian Penal Code for causing deadly injuries with intention to cause death of Veeraji and accused Gopaldas is being held guilty under Section 323 Indian Penal Code for causing voluntary simple injuries on Veeraji and accused persons Chetan is held guilty under Section 323 Indian Penal Code for causing simple injuries on Phoolabai. Accused Chandrashekhar is being acquitted from charges under sections 307, 307/34, 325/34, 323/34, 323/34 Indian Penal Code. Accused Gulabdas is being acquitted from charges under Sections 307, 307/34, 325/34, 323/34, 323/34 Indian Penal Code and accused Chetan is acquitted from charges under Sections 307/34, 325/34, 323/34 Indian Penal Code.