GHAPOO YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Appellants (hereinafter referred to as the accused by their respective names) question legality of the judgment of the Madhya Pradesh High Court dated 18-4-2001, upholding their conviction for offences punishable under Sections 148 and 302 read with Section 149 of the Indian Penal Code, 1860 (in short the IPC) and the sentence of rigorous imprisonment for three years and fine of Rs. 2,000/- with default stipulation and imprisonment for life and fine of Rs. 5,000/- with default stipulation respectively.

(3.) Factual scenario as described by the prosecution is essentially as follows : Lekhram (PW-2) and Gopal (hereinafter referred to as the deceased) were sons of Ramlal (PW-1). Accused Ghapoo Yadav is the father of accused Janku, Kewal and Mangal Singh. Accused Sunder is the nephew of accused Ghapoo. Deceased, the witnesses and the accused belonged to the same village and there was land dispute between them. On the request made by Ramlal (PW-1), measurement of the land was done by the Revenue Authority. On the basis of the said measurement, it was found that land belonging to accused Mangal Singh was in the possession of Ramlal (PW-1) and over the said land a berry tree existed. Though, initially the tree was in possession of Ramlal, after measurement he parted with possession thereof. Said tree was cut by the family members of Ramlal (PW-1) a day prior to the incident for which deceased had altercation with the accused persons. On the date of incident i.e. 9-6-1986 there were altercations between the accused persons and the deceased, his brother Lekhram and father Ramlal. Accused Janku enquired from the deceased as to why they were cutting the tree. Lekhram responded that it was cut three days prior to the incident as the tree belonged to them and was planted by their family members. Deceased claimed that he had not cut the tree. This led to altercations and scuffles amongst them and the accused persons assaulted deceased, which resulted a fracture of his leg. When Ramlal and Lekhram went to save him, the accused persons ran towards them threateningly. Ramlal and Lekhram fled away from the place of incident and returned later on with the other villagers. They took the deceased who was then grasping for breath on a cot to Maharajpur Police Station. Information was given by the deceased to the police at 8.45 p.m. He was sent for treatment and was examined by Dr. R. K. Chaturvedi (PW-3). On examination he found 7 injuries on his body. His dying declaration was recorded. Later on, deceased took his last breath on 10-6-1986 at 2.00 a.m. Dr. Chaturvedi sent the intimation of death to the Police Station. Though initially case was registered under Section 307, IPC, same was converted to one under Section 302, IPC. Post-mortem was conducted by Dr. D. N. Adhikari (PW-6). Investigation was undertaken and on completion thereof charge-sheet was filed indicating alleged commission of offences punishable under Sections 147, 148 and 302 read with Section 149, IPC. The case was committed to the Court of Session and finally charges were framed under Sections 148 and 302 read with Section 149, IPC.