RAJA RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 2 of the Supreme court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the judgment of the High court of Madhya Pradesh in Criminal appeal No. 1326 of 1985, vide which the judgment of acquittal recorded in favour of the appellants and two others by the Additional Sessions Judge was set aside.

(2.) Ten accused, including the eight appellants (Ram Sahai has not filed any appeal and Uma Shankar has since died in jail) were tried for offences under Section 302 read with Section 149 Indian Penal Code and S. 148 and 147 Indian Penal Code. Appellant Uma Shankar was also tried for an offence under Section 436 Indian Penal Code. Appellants Raja Ram, Anandi, Ram Janak, Harivansh, Haike and Uma shankar along with Ram Narayan were also tried for offences under Sections 325/149 Indian Penal Code for causing grievous hurt to Ram Lakhan, while Anandi appellant was charged for an offence under Section 323 Indian Penal Code for causing simple hurt to Sahodara Bai.

(3.) In brief, the prosecution case is that on 23/03/1983 at about 11 a. m. at Village Chhigamma Police Station Gunnore, the appellants along with Ram Sahai and Uma Shankar on account of previous enmity, attacked deceased Haike who was sitting in the house of Khajju causing him several injuries to which he succumbed later on. Injuries were also caused to Ram lakhan Public Witness 1 and Sahodara Bai Public Witness 7. First Information Report of the occurrence was lodged at 3.30 p. m. at Police Station Gunnore on 23/02/1984 by Ram Lakhan Public Witness 1. The accused party is related inter se and the eyewitnesses, who belong to the complainant party are also related inter se, except Public Witness 2 Vishalya and Public Witness 6 Bajju, who in any case turned hostile at the trial.