SHAMSUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Communal disturbances have taken ll of many lives at different times. This a said reflection on our society, though the Constitution of India, 1950 (in short the Constitution) underlines in no uncertain terms that ours is a secular country, where caste, creed and religion cannot and do not have nay differentiating base. One Rajunath (hereinafter referred as the deceased) lost his life on account of communal disharmony and another Narish Chandra (PW-1) was seriously injured. Accused persons were stated be the authors of the crime, who committed offences punishable under302 and 307 read with34 of the Indian Penal Code, 1860 (for short the IPC).

(2.) Prosecution version as unfolded during trial is as follows:

(3.) The State of Madhya Pradesh preferred appeal before the High Court which by the impugned judgment set aside the acquittal; but held that the case is not covered by302 IPC but is covered by324 and sentenced the accused undergo RI for 2 years and pay a fine of Rs. 2,000/-. It was further directed that in case of recovery of the amount the same was be paid the widow of the deceased if he happened be married, and if not, be paid his parents or any one of them who happened be alive. Out of the fine recovered a sum of Rs. 2,000/- was also directed be given PW-1. It is noted that the High Court held that the accused persons were guilty of offence punishable under324 IPC as aforesaid for causing injuries the deceased as well as PW-1.