PARWAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 14-11-2005, passed by First Additional Sessions Judge, Raisen, in Sessions Trial No. 132/2000, convicting the Appellants under Sections 148, 324/149, 323/149, 326/149 and 302/149 of the Indian Penal Code and sentencing them to rigorous imprisonment for one year with fine of Rs. 200/-, rigorous imprisonment for 2 years with fine of Rs. 200, rigorous imprisonment for one year, rigorous imprisonment for 3 years with fine of Rs. 200/- and imprisonment for life with fine of Rs. 500/-, on each count respectively.

(2.) The prosecution story is that on 20-3-2000, at about 9.00 o'clock in the morning, complainant Raja and his brothers viz. Gopal, Guddu alias Raghuveer, Damodar and Yuddhaveer were playing deck in front of the house of Umrao Singh. It was the day of Holi festival. Accused Santosh and Rameshwar passed from there and dashed their bicycle with the deck. When Gopal remonstrate with Santosh, they hurled filthy abuses to him and accused Bhagwat Singh, Hakam Singh, Raghav Singh, Parwat Singh, Rajesh Singh and Pappu alias Ramesh of their family came there armed with lathis and farsa. Bhagwat Singh exhorted others to kill them because they were playing obscene songs. All the accused persons then started assaulting Raja and his family members. Accused Raghav Singh, Hakam Singh, Rameshwar and Rajesh Singh assaulted Gopal with lathis. Bhagwat Singh assaulted Keshri Singh with a farsa and Santosh and Hakam Singh assaulted Keshri Singh with lathis. Parwat Singh and Ramesh assaulted him (complainant) by lathis and Santosh assaulted Yuddhaveer Singh by lathi. As a result of injuries, Gopal fell down unconscious. Complainant, along with Gopal Singh, Keshri Singh, Yuddhaveer Singh, Chandan Singh and Umrao Singh, went to Police Station Badi and lodged F. I. R. (Ex. P/l) at 11.30 a.m. Injured persons were sent for treatment and medical examination to Primary Health Centre, Badi. Since the condition of injured Gopal was serious, he was referred to Hamidiya Hospital, Bhopal, for further treatment and investigation. During treatment, on 22-3-2000, at about 2.00 p.m., Gopal died. The dead body of Gopal was sent for postmortem examination.

(3.) After requisite investigation, charge sheet was filed before the Court. Accused Rameshwar son of Bhagwat Singh was found to be under 18 years of age, therefore, his case was referred to Juvenile Court.