STATE OF M P Vs. SUGHAR SINGH

JUDGEMENT

(1.) -Both these appeals arise out of common judgment and order passed by the High Court of Madhya Pradesh (Gwalior Bench) dated January 3, 2003 in Criminal Appeal Nos. 242 of 1991 and 253 of 1991. By the said order, the High Court allowed the appeal filed by the accused and set aside the order of conviction and sentence recorded by the Additional Sessions Judge, Shivpuri dated October 14, 1991 in Sessions Case No. 29 of 1990.

(2.) The case of the prosecution is that on October 20, 1989 Balkishan (hereinafter referred to as 'the deceased') and PW-2 Sarvan Lal were guarding their Jowar crop and for the said purpose they had stayed during night time in their field. Their neighbour farmers, namely, Ramprasad (PW8), Ramsingh (PW9) and Raghunath (PW10) were also guarding over their respective crops and were in the huts constructed in their fields. According to the prosecution, at about 3-4 a.m. early in the morning, cattle of village Nehgawan started grazing the Jowar crop of the deceased. Deceased Balkishan and Sarvan Lal (PW2) surrounded the cattle and started taking them to cattle pond. At that time, all accused persons who were residents of village Nehgawan appeared on the spot. They were armed with lethal weapons, like farsa, ballam, luhangi, lathi, etc. They attacked Balkishan and Sarvan Lal and caused injuries to them. On the shouts of injured Balkishan and Servanlal, Ram Singh, Raghu Nath, Ram Prasad and Ram Niwas reached there and saved Balkishan and Sarvan Lal. The accused did not allow the cattle to be taken to cattle pond and took away with them. While leaving the place, they threatened deceased-Balkishan and Sarvan Lal of their lives.

(3.) Immediately after the incident, deceased-Balkishan and Sarvan Lal went to thana and lodged First Information Report (FIR) at Police Station Rannod. The incident was narrated by deceased Balkishan and Case No. 57 of 1989 was registered against the accused for offences punishable under Sections 147, 148, 149, 323, 324 and 406 of the Indian Penal Code, 1860 (IPC). Both the injured were then taken to Primary Health Centre, Rannod for medical examination. Dr. Suresh Majeji (PW5) examined Balkishan. He also examined Sarvan Lal. Since the condition of Balkishan was critical, he was taken to District Hospital, Shivpuri. On the way, however, Balkishan died. Post-mortem of Balkishan was performed by Dr. G.D. Agrawal (PW 1) on the next day i.e. on October 21, 1989. Usual investigation was carried out, accused were arrested, weapons were recovered at their instance and charge was framed against the accused. They denied having committed any offence and claimed to be tried.