DEV NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal, by special leave, has been preferred by nine accused against the judgment and order dated 21.2.2005 of High Court of Madhya Pradesh by which the appeal filed by the appellants against the judgment and order dated 11.3.1995 of Special Judge, Sehore in Special Case No. 156 of 1994 was dismissed. The learned Special Judge (Sessions Judge) had convicted the appellants under Sections 147, 148, 307 read with Section 149 and Section 302 read with Section 149 IPC and had sentenced them to various terms of imprisonment. They were awarded life sentence and a fine of Rs.5,000/ - and in default to undergo RI for one year under Section 302 read with Section 149 IPC. All the sentences were ordered to run concurrently.

(2.) THE case of the prosecution, in brief, is that the complainant Dinesh Singh is Thakur by caste and is resident of village Hasnabad. Sardar, who lost his life in the incident in question, was working as servant of Dinesh Singh and used to look after his cultivation. All the eleven accused also belong to village Hasnabad and they are Khati by caste. There was long standing enmity between Dinesh Singh and his family members on the one side and persons of Khati community on the other side. Panchayat elections had taken place 3 -4 months prior to the incident in which Raju @ Rajesh Prajapati accused won the election. The case of the prosecution further is that the deceased Sardar was unwell and he was brought to the house of the complainant Dinesh Singh in the afternoon of 1.9.1994 so that some medical aid could be provided to him. The complainant Dinesh Singh took the deceased Sardar on his scooter to Sehore Government Hospital sometime before 6.00 P.M. The doctor, after examining Sardar, advised for certain investigations and prescribed some medicines. Dinesh Singh then took Sardar to a place where his x -ray examination was done and after purchasing the medicines he started for his village Hasnabad at about 7.30 P.M. When he had taken a turn on Hasnabad road from the side of Echhavar road, which is about four kilometers from Sehore, he saw eleven accused armed with various weapons standing there. He tried to accellerate the speed of his scooter and in the light of the same saw and identified the eleven accused standing by the side of the road. However, the engine of the scooter stopped and the accused surrounded both of them. Dev Narayan, Laxmi Narayan and Bhanwar Lal accused caught hold of the complainant Dinesh Singh while Ghisi Lal, Ramesh, Babu Lal and Mahesh accused caught hold of Sardar deceased. Laxmi Narayan and Bhanwar Lal accused then instigated that they should be finished. Dev Narayan accused assaulted the complainant with a 'chhuri' and Hari Narayan accused assaulted him with a 'gupti'. Ghisi Lal and Mahesh accused armed with 'kulharis' assaulted Sardar. The complainant however tried to run away from the spot. Meanwhile a jeep came from the opposite direction and seeing the same the assailants stopped chasing the complainant. The complainant then came to the house of Kailash, who was working as driver, and narrated the incident to him. Kailash then took him to P.S. Kotwali on the jeep of Agricultural College. The complainant lodged the FIR of the incident at 8.30 P.M. on 1.9.1994 at P.S. Kotwali. From there he was referred to the district hospital. After lodging of the FIR a case was registered and the investigation followed.

(3.) WE have heard learned counsel for the appellants, learned counsel for the State of Madhya Pradesh and have perused the record.