BAGDI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Bagdi Ram, who is the sole appellant in this appeal by special leave, has impugned the judgment and order of the High Court of Madhya Pradesh, Jabalpur in Criminal Appeal No. 94 of 1991 dated 30th September, 1996 finding him guilty of the offence under Section 304, Part I, IPC and sentencing him to undergo rigorous imprisonment for eights years and a fine of Rs. 5,000/-, in default to undergo further rigorous imprisonment for 20 months.

(2.) Appellant Bagdi Ram, along with five members of his family, was put up for trial before the Second Additional Sessions Judge, Mandsaur in Sessions Trial No. 212 of 1990 in which they were variously charged of the offences under Sections 147, 148, 323/149, and 302/149, IPC. The trial Court by its judgment and order dated 20th December, 1990 acquitted all of them holding that they had acted in exercise of their right of private defence and that the prosecution had failed to explain the injuries suffered by three members of the defence party. State of Madhya Pradesh preferred an appeal against the acquittal of all the six accused persons and by the impugned judgment and order, the High Court while setting aside the order of acquittal passed in favour of appellant Bagdi Ram and his son Ramesh, acquitted the other accused persons. The High Court as noticed earlier, found the appellant guilty of the offence under Section 304 Part I, IPC and sentenced him as earlier noticed. Ramesh was found guilty of the offence under Section 323, IPC and was sentenced to the period of imprisonment already undergone and a fine of Rs. 500/-, in default to undergo rigorous imprisonment for two months.

(3.) The incident giving rise to this appeal occurred on May 12, 1990 in village Digaonmali in which Mangilal and three members of his family suffered injuries at the hands of the accused. One of them, namely - Jagdish later succumbed to his injuries.