STATE OF MADHYA PRADESH Vs. SHYAMLAL

JUDGEMENT

(1.) FACTUAL ASPECTS : The present appeal is preferred by the State Government. The respondents were tried for the offences punishable under Ss. 147, 452, 302, 325, and 323 read with Sec. 149 of the Indian Penal Code, 1860 (for short, 'the IPC'). The Trial Court held the respondents accused as guilty. The Trial Court convicted the respondents for the offences punishable under Sec. 147 and Ss. 452, 302, 325, and 323 read with Sec. 149 of the IPC. For the offences punishable under Sec. 302 read with Sec. 149 of the IPC, they were sentenced to undergo life imprisonment. For other offences, separate punishments were imposed, which were ordered to run concurrently.

(2.) Respondents preferred an appeal before the High Court of Madhya Pradesh at Jabalpur. By the impugned judgment dtd. 24/8/2017, the High Court proceeded to set aside the conviction of the respondents for the offences punishable under Sec. 302 read with Sec. 149 of the IPC. The High Court converted the conviction under Sec. 302 into the second part of Sec. 304 of the IPC. The conviction for the other offences was confirmed. The High Court noted that the incident was of the year 1989. The first respondent, Shyamlal, was nearly eighty years old, and four other respondents were also above the age of seventy. The respondents were let off by the High Court with the sentence already undergone. A fine of Rs.16,000.00 (Rupees sixteen thousand) each was imposed on the respondents out of which, a sum of Rs.1,00,000.00 (Rupees one lakh) was ordered to be paid to the family of the deceased and a compensation of Rs.10,000.00 (Rupees ten thousand) each to PW-12 (Chiranjeev) and PW-2 (Ramadhar).

(3.) The incident is of 1/11/1989 which happened at about 4 pm. It is alleged that the respondents, with a common intention and object, got together and assaulted PW-1 (Siroman), PW-2 (Ramadhar), PW-3 (Haripal), PW-11 (Jageshwar), PW-12 (Chiranjeev), and the deceased- Laxman. It is alleged that PW-1 had cut the tail of a buffalo belonging to the respondents. According to the prosecution's case, the respondents first attacked PW-1, PW-3, and PW-11 while they were working in the field. Thereafter, PW-1 ran away. The respondents chased him and dragged PW-2, PW-12, and the deceased-Laxman out of their houses and assaulted them.