DHARAMVIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by special leave by two brothers, Dharamvir and Satvir, against the judgment of the Madhya Pradesh High Court, affirming on appeal the conviction of the appellant under Section 325 read with section 34, Indian Penal Code and the sentence of rigorous imprisonment for a period of one year imposed on each of them. Mangilal and Babulal, who had also been convicted along with the appellants by the trial Court were acquitted by the High Court.

(2.) The prosecution case is that on September 8, 1967, at about 3 p.m. Head Constable Karar Ahamad of Govt. Railway Police seized 33 kilograms of opium from the latrine of a first class compartment at Ratlam railway station. Karar Ahmad suspected that the said opium belonged to the two appellants who in the meantime slipped away. Karar Ahmad came the same evening by Janta express from Ratanlam to Nagda in search of the two appellants. As soon as Karar Ahmad got down from the train at Nagda railway station at about 10.20 p.m., it is stated he was attacked by the two appellants Satvir gave a first blow on the face of Karar Ahmad, as a result of which one of his lower molars got dislocated. The two appellants at the time of the assault were also accompanied by Mangilal and Babulal. The accused ran away after the assault. Karar Ahmad made a report about the occurrence to Head Constable Ramgopal of Govt. Railway Police at 10.30 p.m. Karar Ahmad was thereafter got examined from Dr. Shiv Dayal. The doctor found five injuries on the person of Karar Ahmad. One lower last molar tooth was found by the doctor to have been knocked out.

(3.) Satvir accused, it is further stated, was arrested by Sub-Inspector Sardar Singh at Shamgarh railway station at about 12 midnight when Satvir got down from Janta Express. The other three accused were arrested subsequently.