LAWS(SC)-1996-10-42

RAMKISHORE PATEL Vs. STATE OF MADHYA PRADESH

Decided On October 03, 1996
RAMKISHORE PATEL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order of the High Court of Madhya Pradesh in Criminal Appeal No. 762 of 1983. The High Court set aside the judgment and order of acquittal passed by the Court of Sessions Judge, Sidhi in Criminal Case No. 113 of 1981.

(2.) On 12-7-81 at about 7.30 a. m. Thakurdin (deceased, his brother P. W. 6 Brijwasi, son P. W. 8 Bhaiyalal and their servant Budhi were working in their Bakura field. Bhaiyalal and Budhi were sowing paddy and Thakurdin and Brijwasi were extracting grass in one corner of the field. It was the prosecution case that while these persons were working in their field, all the appellants, with three other accused, came there armed with lathis and a kudali. They abused and assaulted Thakurdin, Brijwasi and Bhaiyalal as they were taking water, for irrigating their field, from the field of Ramsiya. Thakurdin was given a kudali blow on his head and was also beaten by sticks. Brijwasi was given blows with sticks. As Bhaiyalal raised shouts for help he was hit on his head with a kudali by Hubelal (Accused No. 11). He became unconscious and fell down on the ground. Thereafter he was given stick blows by the other accused. This incident was seen by the neighbouring field owner P. W. 1 Ram Milan, P. W. 7 Shiv Prasad who was passing through the field of Thakurdin at that time was also beaten by the accused with sticks. Hearing the shouts raised by Thakurdin, Brijwasi and Bhaiyalal some neighbouring field owners came there and, therefore, the accused went away from that place. P. W. 1 Ram Milan and others then went near Thakurdin, Brijwasi and Bhaiyalal who had received injuries and had fallen down. They then took them to the village and from there to Churhat where P. W. 1 Ram Milan lodged the first information report (Exh. P-1). The three injured were then taken to Churhat Hospital. There they were examined by P. W. 15 Dr. Padole. As he suspected that all the three had received fractures he referred them to the District Hospital at Sidhi. On the way Thakurdin died. At the District Hospital P. W. 17 Dr. Sharma examined them. He found Thakurdin dead. He admitted Bhaiyalal and Brijwasi in the hospital for treatment. P. W. 13, Dr. Tiwari performed the post-mortem on the dead body of the deceased. P. W. 11 Dr. Mishra took X-rays of Bhaiyalal and Brijwasi. He found that the 4th and 5th fingers of right hand of Bhaiyalal were fractured. 5th metacarpal bone of right hand of Brijwasi was also found fractured. Therefore, for causing the death of Thakurdin and grievous injuries to Brijwasi and Bhaiyalal, the accused were tried for the offences punishable under Section 147 and Sections 323,325 and 302 all read with Section 149,I. P. C.

(3.) In order to prove its case the prosecution relied upon the evidence of eye-witnesses P. W. 1 Ram Milan, P. W. 6 Brijwasi, P. W. 7 Shiv Prasad, P. W. 8 Bhaiyalal, P. W. 10 Ganesh Prasad and P. W. 12 Sidha Nath and also led other corroborative evidence. Except Ram Kishore, Appellant No. 1 (Accused No. 1, Ramdhari, Appellant No. 5 (Accused No. 5) and Jagdish (Accused No. 12 --since deceased) all other accused denied their presence and involvement in the incident. Accused Jagdish, Ram Kishore and Ramdhari took up the defence that while Jagdish was irrigating his field by taking water from the field of Ramsiya he was attacked by Thakurdin, Brijwasi, Bhaiyalal, P. W. 1 Ram Milan, P. W. 10 Ganesh Prasad and P. W. 12 Sidha Nath. On hearing his shouts Ram Kishore and Ramdhari ran to his rescue and that is how all the three of them had received injuries. They denied to have caused injuries to Thakurdin and others.