JEET SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants in these appeals were tried along with other seven accused persons for the offence punishable under Section 302 IPC read with Section 149 IPC and Sections 323, 324 read with Section 149 IPC. The learned Sessions Judge acquitted six persons and found guilty four accused persons of the offence punishable under Section 302 IPC read with Section 34 IPC and also the offences under Sections 323 and 325 IPC read with Section 149 IPC. Out of the four accused persons Kok Singh filed Crl. A. No. 785 of 2003 and Jeet Singh and Pratap Singh filed Crl. A. No. 283 of 2003. Accused, Diwan Singh whose conviction for the offence under Sections 302/34 IPC was upheld by the High Court has not filed any appeal.

(2.) We have heard the learned counsel for the appellants and the learned counsel for the respondent State.

(3.) The prosecution case is that on 26-1-1984, in the morning PW 1, Har Charan along with his brother, Chhiddi and Ram Het, son of Chhiddi went to Jorewala kuan (well) for the purpose of taking water from it to irrigate their fields. When they started installing the pump the accused persons came there and told that they shall not take water through the canal as it was constructed by them. It seems that there was an altercation between these two groups. Har Charan, Chhiddi and his son were about to leave the place after taking the pump from the place of occurrence when the accused persons started attacking Har Charan and Chhiddi. On seeing his father being attacked Ram Het intervened and he was attacked by Diwan Singh with a farsa. It is alleged that the appellants herein joined the attack and caused extensive injuries on Ram Het. PW 17, after seeing the incident went to the police station and gave information. The Sub-Inspector of Police came to the place of occurrence and assessed the situation and thereafter recorded the statement of PW 1 and registered the case.