SAKHARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 01.08.2013 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No.935 of 2004 whereby the High Court partly allowed the appeal thereby modifying the conviction of the appellant-Sakharam under Section 307 IPC to Section 325 IPC and sentencing him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- with default clause.

(3.) Briefly stated case of the prosecution is that complainant-Ramnath (PW-1) lives in village-Devrimaal and runs a flourmill and also an agriculturist. On 09.06.2002 at about 6.00 p.m., when Ramnath-PW-1 was working at his flourmill, Raju came to PW-1's flourmill and asked him whether Ramnath called Jogi Lodhi for a meal in Jhalar function to which the complainant replied in the negative and on this issue there was a wordy altercation between them. At about 7.30 p.m., when Ramnath was returning back from his flourmill in front of one Prahlad Vishwakarma's house, Raju wrongfully restrained him and started quarrelling with him. At that time Vipatlal-grandfather of Raju came thereon with lathi and hit the complainant-Ramnath's head. On hearing the hues and cries of the fight, from the complainant's side, his nephew Santu Lodhi (PW-2) and his younger brother Badri Lodhi came to the spot and from the side of the accused Raju's father-Tularam armed with a sharp iron rod (Ballam) and appellant-Sakharam armed with lathi came to the spot. Accused Tularam pierced his Ballam on the left side of the chest of Badri, when complainantRamnath(PW-1) tried to prevent, Tularam also attacked Ramnath on his left shoulder with the Ballam. Appellant-Sakharam caused two lathi blows on the head of Santu-PW-2 due to which he became unconscious. Raju threw Ramnath (PW-1) on the ground due to which Ramnath (PW-1) sustained head injuries. On hearing the noise, Jogi Lodhi (PW-10), Mahasingh (PW-5), Shivsingh Gond (PW-8) came to the spot and intervened to stop the fight. Badri succumbed to injuries.