STATE OF MADHYA PRADESH Vs. RAMNIWAS AND ANR.

JUDGEMENT

(1.) This appeal by special leave arises out of a judgment and order passed by the High Court of Madhya Pradesh, Bench at Gwalior on 27th November, 2009 in Criminal Appeal No. 491 of 2000. By the said judgment and order, the High Court allowed the appeal preferred by the respondents herein and set aside the conviction and sentence passed by the trial Court against them.

(2.) The facts of this case in a nutshell as unfolded by the prosecution case are that on 3rd November, 1990 the respondent herein Ramniwas indulged into a quarrel with the complainant Gangaram (PW 2) on the issue of right of way for their bullock cart into the field. The next day while the complainant was coming on a bicycle, accused Ramniwas armed with a lathi reached him and gave lathi blows to Gangaram causing two injuries on his legs. Immediately, Gangaram's father Shrikrishna rushed to the spot to intervene, but by that time respondent No. 2 Mahavir Singh, armed with an iron rod, reached there and assaulted on the head of Shrikrishna. Soon, other accused persons also arrived there and caused injuries to Shrikrishna. On the complaint of Gangaram (PW2) police registered the case and sent the injured persons to hospital and Shrikrishna succumbed to the injuries. Accordingly the accused respondent Ramniwas was charged for the offences under Sections 302/34, 326/34, 325 and 323, IPC whereas accused Mahavir was charged for the offences under Sections 302, 324, 325/34, 326/34, IPC. The accused denied the allegations and claimed to be tried.

(3.) On an elaborate trial, the learned trial Court came to the conclusion that the accused-respondents did not have the comprehension to the extent of murdering Shrikrishna as the injuries caused by them were not sufficient to cause death, but found Ramniwas (respondent No. 1) guilty of the offence under Sections 304 (i)/34, 323, 326/34, IPC and accused Mahavir (respondent No. 2) was found guilty of the offences under Sections 304(i), 324, 326/34,IPC and sentenced them.