LAWS(SC)-1992-4-43

STATE OF MADHYA PRADESH Vs. GOPI

Decided On April 23, 1992
STATE OF MADHYA PRADESH Appellant
V/S
GOPI Respondents

JUDGEMENT

(1.) Gopi, Gajju and nine others were convicted u/ Ss. 302/ 149, 307/ 149, 148, 147 and 323 Indian Penal Code by the Additional Sessions Judge, Chhatarpur in the State of Madhya Pradesh. They were sentenced to life imprisonment and to different terms of imprisonment on various counts. The appeal filed by them before the Madhya Pradesh High Court was allowed, their conviction and sentences on all the counts were set aside and all of them were acquitted. This is State appeal against acquittal.

(2.) The prosecution case briefly stated is that Chunwada (P.W. 1), Beta (P.W. 2) and their brother Gatta(deceased)were going to their Himmat Pur fields on the morning of June 30, 1977 for ploughing. On the way they were attacked by the eleven respondents. Rajju armed with a gun, Gajju armed with a Ballam, Pyare and Shivvaram armed with Pharsas, Swamideen, Devideen, Ragholal, Bhagat, Gopi, Ramoutar and Bhakka armed with lathis stopped the complainants and on the exhortation of Rajju, Gajju gave a Ballam blow on Chunwada. On his shouts Gatta and Beta went to his rescue. Pyare and Shivvaram inflicted Pharsa blows on Beta while Gajju gave a Ballam blow to him. Gatta was also assaulted by them with Ballam and Pharsas. As a result of injuries Gatta and Beta fell down. Rajju caused further injuries to them with the butt of the gun. Gatta succumbed to the injuries while he was being taken to the hospital. According to the doctor, who performed the postmortem, there were four incised, wounds, four punctured wounds and a bruise on the body of deceased Gatta. There were eleven injuries on the person of Beta. Except one, the injuries were simple. There was one simple injury on the person of Chunwada.

(3.) The defence version on the other hand was that Ramoutar, Ragholal, Shivvaram, Pyare, Swamideen and Rajju were not on the spot and had been falsely implicated. The version of the remaining respondent was, that Chunwada, Beta and deceased Gatta had trespassed in the Kabra field of Gajju and they were sowing the same. It was further stated that Ram Vishal (P.W. 3) and Sarju belonging to the complainant party were standing armed with guns. When Gajju told them to desist from sowing, Beta, on the exhortation of Ram Vishal and Sarju gave a lathi blow on the head of Gajju and at the same time Chunwada inflicted Ballam blow on his chest. The respondents thus pleaded right of self-defence to person and property. On examination the doctor found a punctured wound on the right side of the chest of Gajju. The lung was punctured and air was coming out. According to the doctor the injury was grievous. There was another bruise on the occipital region.