BHAROSI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants were tried for offences under Sections 147, 148 and 302 IPC on the allegations that about four months prior to the incident, some quarrel had taken place between the deceased Baburam and the appellant No. 4 Dataram in relation to raising of boundary wall. On 12-4-1983 at about 7.00 p.m. the deceased accompanied by Ramhet, had gone to Vidyaram (PW-8) to engage some labourers for cutting crop in his field and while returning from the house of Vidyaram, when the deceased came near the Chabutra of appellant No. 4 he shouted to the remaining accused who were there that the deceased was their enemy and he should not be allowed to go and kill him. The appellant No. 6 Ramjilal assaulted the deceased with the lathi on his head. When he fell down on the ground, all the appellants assaulted him. In spite of Ramhet intervening, the appellants did not stop assaulting. When they found that the deceased had died, the appellants dragged his body from the spot to place near Tiwaria of appellant No. 1 Bharosi. Thereafter, they ran away. Bachchulal (PW-10), brother of the deceased lodged first information report. The incident was witnessed by Vidyaram (PW-8) and Kalicharan (PW-13).

(2.) The trial court did not believe the evidence of eye-witnesses Vidyaram (PW-8) and Kalicharan (PW-13); found certain discrepancies in the statements of witnesses; doubted the evidence of eye-witnesses to have identified the accused in darkness; consequently, the appellants were acquitted by the trial court giving benefit of doubt. On appeal by the State, the High Court upset the order of acquittal recorded by the trial court and held the appellants guilty of the offences under Sections 147, 302 read with Section 149 IPC and sentenced all the appellants to rigorous imprisonment for one year under Section 147 and for imprisonment for life under Section 302 read with Section 149 IPC. Both the sentences were to run concurrently. Hence, this appeal to this court.

(3.) The learned senior counsel for the appellants contended that the High Court was not right and justified in interfering with the order of acquittal passed by the Sessions Court merely because one other view was possible; the evidence of eye-witnesses Vidyaram (PW-8) and Kalicharan (PW-13) being that of interested witnesses, the trial court was right in not relying on them and the High Court committed an error in accepting their evidence for convicting the appellants. According to the learned senior counsel, there were material discrepancies in the statement of witnesses which seriously affected the prosecution case. Further, the so-called eye-witnesses could not identify the appellants in the darkness. The learned senior counsel added that in the absence of any pre-meditation or common object, the High Court was not right and justified in convicting all the appellants applying Section 149 IPC. On the other hand, the learned counsel for the State made submissions in support of the impugned judgment and order contending that the view taken by the trial court to acquit the appellants was not a reasonable view having regard to the evidence placed on record.