KASHIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant and six other persons stood prosecuted for offences under S. 147, 148, 302 read with S. 149 and 307/149. They were acquitted by the Additional District Judge, Narisinghgarh, District Rajgarh (Byara) , M. P. State. On appeal, the High court confirmed the acquittal of five persons but reversed the judgment of the trial Judge with reference to the appellant and another by the name of Ram Singh. The appellant was convicted for offences under S. 302 and 324 Indian Penal Code and sentenced to imprisonment for life under Section 302 and imprisonment for four months and a fine of Rs. 1,000. 00 under Section 324. We are not concerned with the other accused as he has not come to this court.

(2.) The case of the prosecution is shortly as follows: there was prior enmity between the accused persons on the one side and Gorelal and others on the other. The accused persons formed an unlawful assembly and on 29/12/1986 at about 2 p. m. committed the murder of Gorelal in the jungle of Padiliya Khadi. Ram Singh and the appellant shot the deceased with a gun. They caused gunshot injuries to Nanak Ram, Deochand, Beni Singh and Ramesh in the attempt to murder them. Nanak Ram became unconscious. Sewa Ram (Public witness 1 was working in his field when he saw a bullock-cart coming from the forest side. On hearing sounds of screaming and wailing, he went to the cart and found the dead body of Gorelal. He was informed by Hiralal, s/o Ramratan that the appellant, his brother Bhanwaria, Arnritlal, Daryhao Singh, Kailash, Ram Singh and Pappu killed Gorelal in Chhapra and that Ram Singh and the appellant fired guns at Gorelal. He was also informed that the others sustained bullet injuries. Thereafter Sewa Ram went to the police station at Kotra and reported the matter at 5.30 p. m. the same day. The report was recorded. J. S. Tomar (Public witness 19, SHO registered offences under S. 147, 148, 302, 307 read with Section 149 vide Crime No. 148 of 1986.

(3.) After investigation, the accused persons were prosecuted. They denied the charges and pleaded false implication. They also pleaded that the complainant party caused damage to their tractor. After trial, the trial Judge acquitted all the accused. On appeal by the State, the High court reversed the judgment as regards the appellant and Ram Singh and convicted them while confirming the acquittal of the rest of the accused.