SUNILKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 379 of the Code of Criminal Procedure is directed against the judgment and order dated September 12, 1985 of the Madhya Pradesh High Court in Criminal Appeal No. 1217 of 1982 whereby it set aside the acquittal of the five appellants of the offences under Sections 147, 302/149 and 307/149 of the Indian Penal Code recorded in their favour by the Additional Sessions Judge, Narsinghpur and convicted them thereunder.

(2.) The appellants Sunil Kumar and his father Hargovind are residents of village Chichli within the Police Station of Gotetoriya in the District of Narsinghpur where they own a rolling mill and the other three appellants are their casual employees. The deceased Dayashankar and his brother Ramesh Chandra (PW 1) also hailed from the same village and they earned their living from cultivation.

(3.) According to the prosecution case the appellant Hargovind was trying to forcibly take over the land of the deceased and PW 1 and threatening them that he would cut their hands and legs. Sometimes before the incident with which we are concerned in this appeal the cattle of Sunil Kumar and Hargovind had damaged the standing crops of the deceased and PW 1. When PW 1 protested a quarrel ensued in course of which he was beaten up with shoes by Hargovind and appellant Rafu alias Rafiq. On January 15, 1981 Hargovind and Rafu made an attempt to kill the deceased and PW 1 but failed. Over that incident PW 1 lodged a complaint with the police station. Again on May 30, 1981 PW 1 found that Hargovind had brought the other three appellants, who were all residents of Uttar Pradesh, to their village and apprehending that Hargovind might get them killed, the two brothers lodged a written report before the Superintendent of Police, Narsinghapur on June 13, 1981 (Ext. P.1) seeking protection of their lives and properties. The police however turned a to their complaints.