TULSIRAM Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the judgment and order passed by the Court of Additional District & Sessions Judge, Chanchoda, District Guna on February 22, 2000 in Sessions Case No. 587 of 1997 and confirmed by the High Court of Madhya Pradesh, Jabalpur (Gwalior Bench) on December 11, 2006 in Criminal Appeal No. 210 of 2000.

(3.) The short facts of the case are that First Information Report (FIR) was lodged by one Ram Singh (PW7), son of Ram Prashad Meena resident of Kulakheda on October 1, 1997. According to the prosecution, on October 1, 1997, one Ramesh Singh was going from Anjali to Kumbhraj on motor-cycle of one Govind Singh along with Raghuveer Singh and Hukum Singh. When they reached near Khatakiya Tiraha, all accused persons who were hiding themselves in the shadow of a Mini Bus and armed with lethal weapons, like lathi, farsa and luhangi appeared, stopped the motor-cycle driven by Ramesh Singh and started beating him by inflicting blows. Accused-2 Bhagwan Singh caused farsa blow on the left hand of Ramesh, Accused-1 Tulsiram caused luhangi blow on parietal region of Ramesh Singh, Accused-4 Daku and Accused-3 Roop Singh gave lathi blows on legs and knees of Ramesh Singh. Raghuveer Singh Meena came to the rescue of Ramesh Singh, but Accused-1 Tulsiram inflicted luhangi blow over his right hand. Raghuveer Singh Meena, hence, immediately ran away from the place of occurrence. Several injuries were caused by accused persons to Ramesh Singh. Ramesh Singh fell down and became unconscious. All the accused then took Ramesh Singh and threw him in the pit. Hari Singh, Chandan Singh and Ram Singh meanwhile came at the place of occurrence and saw the accused running away from the place. Ramesh Singh was then taken out of the pit, was placed in a Matador and was taken to the Police Station Kumbhraj. Injured Raghuveer Singh Meena also reached the Police Station.