LAHURAMAN PRASAD SATNAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant is an appeal against the judgment dated 26.8.1998 passed in Sessions Trial No.336 of 1993 by the 2 nd Additional Sessions Judge, Baloda Bazar convicting and sentencing each of the Appellants as under: Conviction Sentence Under Section 147 of the Rigorous Imprisonment for 1 Indian Penal Code year Under Section 307/149 of Rigorous Imprisonment for 7 the Indian Penal Code years and fine of Rs.500/- with default stipulation Under Section 323/149 of Rigorous Imprisonment for 1 the Indian Penal Code year Appellant No.2, Maheshram died during pendency of the appeal. Vide order dated 4.1.2017, his name has been deleted from the array of cause-title and the appeal so far as it related to him has been abated. Now, the appeal needs to be adjudicated in respect of the rest three Appellants only. Furthermore, vide order dated 1.3.2017, the offences under Sections 147 and 323/149 of the Indian Penal Code have been compounded and the contesting Appellants have been acquitted of the charges framed under Sections 147 and 323/149 of the Indian Penal Code. Now, the appeal remains to be decided only for the conviction and sentence imposed under Section 307/149 of the Indian Penal Code.

(2.) Facts of the case, in brief, are that on 3.12.1992 at about 7:00 p.m., Balisram (PW3) went towards the house of his Mami (aunt) Budharabai (PW1). At that time, he saw that Tularam, brother of Appellant Lahuraman was assaulting Budharabai with fist. On his intervention, Appellant No.1, Lahuraman brought a Tangiya and abusing assaulted him (Balisram) on the head due to which he fell down. Villagers Kariya (PW12), Parasram (PW5) and Bhagram (PW6) came there to save him. On this, the Appellants and their companions assaulted him and the above-named three villagers with Tangiya, Lathi and stones. The occurrence was telephonically informed to Rajeev Sharma (PW11), Station House Officer, Police Station Kasdol. He immediately reached to the spot. Dehati Nalishi (Ex.P17) was recorded by him on the spot. A Tangiya from Appellant No.1, Lahuraman, a Danda from Appellant No.2, Maheshram, another Danda from Appellant No.3, Rohit, another Danda from Appellant No.4, Manharan and 40-50 stones were seized from the spot. First Information Report (Ex.P18) of the occurrence was registered in Police Station Kasdol by Rajeev Sharma (PW11). Vide the FIR, crime under Sections 147, 148, 336 and 323/149 of the Indian Penal Code was registered against the accused. On 4.12.1992, Balisram was examined by Dr. P.K. Tiwari (PW8). He gave his report (Ex.P8) in which he found an incised wound on the scalp measuring 5 cms x 1 cm, bone deep. On completion of the investigation, a charge-sheet was filed against the accused for offences punishable under Sections 147, 148, 149, 336, 323 and 307 of the Indian Penal Code. Accused Tularam died during trial. Charges were framed against rest of the accused under Sections 147, 307/149, 323/149 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined as many as 13 witnesses. Statements of the accused were recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt. 1 witness, namely, Dr. Pramod Kumar Tiwari was examined in their defence. Dr. Pramod Kumar Tiwari (DW1) had examined deceased accused Tularam, accused Lahuraman and found simple injuries on their bodies.