STATE OF M P Vs. DESHRAJ

JUDGEMENT

(1.) In this appeal challenge is to the correctness of judgment rendered by a Division Bench of the Madhya Pradesh High Court which affirmed the conviction under Section 323 read with Section 34 of the Indian Penal Code, 1860 (in short 'the IPC') as recorded by the Trial Court in respect of respondents 1 to 10 and did not accept prosecutions' plea that it was a case covered by Section 302 read with Section 34, I. P. C. Eleven persons faced trial and the trial Court held A-11 Toran Singh to be not guilty. The accused persons were charged for commission of offences punishable under Section 302 read with Section 34, I. P. C. and Section 323, I. P. C. for allegedly committing homicidal death of one Ramdin (hereinafter referred to as 'the deceased') and causing injuries on Harbhan (PW-5), Brijbhan (PW-10) and Bina Bai (PW-9). Trial Court white acquitting accused Toran Singh held that the other accused persons were to be convicted under Section 323 read with Section 34, I. P. C. The State of Madhya Pradesh filed appeal before the Madhya Pradesh High Court and the same was dismissed by the impugned judgment. It appears respondent No. 1-Darua had died on 15-6-1986, and that being so, the appeal stands abated so far he is concerned.

(2.) Background facts as projected by the prosecution are as follows :

(3.) The appeal was dismissed so far as accused Toran is concerned.