LAXMAN & ANR. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this appeal under section 374 of the Code of Criminal Procedure, the appellants seek to challenge their conviction under section 302 and 302/34 of the Indian penal Code and consequent sentence of imprisonment for life with fine of Rs. 500/ - in default of payment of fine to suffer additional R.I. for one month respectively/ -, vide judgment dated 06.01.2006 passed in Special Case No. 72/2004 by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, 1989, (For short, herein -after referred to as the Act) Dhar.

(2.) PROSECUTION case as put forth before the trial Court in nut shell is that on 01.06.2004 in the night at 2.00 AM complainant PW -4 Govind lodged a report Ex. P/9 at police Station to the effect that the complainant and his son Lal Singh were sitting outside their courtyard. At that juncture the appellants along with acquitted co -accused persons Mohan, Gulab, Sejal Bai, Madiya and Dharmendra, armed with Denga and stones came there and while abusing them filthily uttered that they would not allow the complainant party to install motor pump in the hand -pump and with intent to kill Lal Singh, co -accused Mohan, Gulab and Sejal Bai caught hold of Govind and Laxman Pressed his neck and started assaulting him by fists and kicks. Appellant Kolu with intent to kill Lal Singh struck Denga -blow on his head as a result of which Lal Singh struck Denga -blow on his head as a result of which Lal Singh became unconscious. Thereafter, the co -accused and appellants assaulted him by kicks and fists because of which Lal Singh sustained injuries on his abdomen and back. On hearing the cry, PW -5 Antar Singh, PW -3 chain Singh and one Shri Ram reached over there and made intervention. Police of Police Chowki Nisarpur registered Cr.No.41/04 for the offences punishable under sections 148,307 and 294 Indian Penal Code and Section 3(2)(v) of SC/ST (Prevention of atrocities) Act, 1989 against the accused persons and sent the matter to PS. Kukshi for investigation where Kukshi Police registered Crime No. 174/04 and injured Lal Singh was sent to Primary Health Centre Nisarpur for examination and treatment where Lal Singh breathed his last His MLC report is Ex. P/1. Information of death of Lal Singh Ex.P/4 was sent by the doctor. On death of Lal Singh Section 302 of the Indian penal code was added. Police reached to the hospital and prepared Panchnama Ex.P/6 -A and after completion of inquest proceedings, dead body was sent for postmortem examination which was conducted by PW -1 Dr Liladhar Pukwal who issued postmortem report Ex.P/3. Police prepared spot map Ex.P/7 and from the spot stones were seized, memorandum whereof is Ex.P/8. Statements of the witness acquainted with the facts of the case were recorded. On disclosure statement by appellant Kolu Ex.P/18, a Denga (heavy wooden stick) was seized. All the seized articles were sent to Forensic Science Laboratory vide Ex.P/21 and its report is Ex.P/22. On due investigation, the accused persons were charge -sheeted for commission of the aforesaid offences.

(3.) ACCUSED persons denied the charge and took the plea of their false implication. Their defence was that accused Mohan was having an electric motor and there was a dispute between the complainant party and the appellants in regard to use of electric motor in a public hand -pump in the village. According to them, acquitted co -accused persons Madiya and Mohan were assaulted by the complainant party for which they had lodged the report and were got medically examined by the police. In cross -examination of PW -7, their First Information Report, medical reports and spot map filed as Ex. D/l to D/4 were got proved it was argued on their behalf before the trial Court that the complainant party concocted a false case against them to save themselves from their prosecution, However. They did not examine any witness in defence. Learned trial Court after examining prosecution witness and hearing arguments of both the sides. While acquitting co -accused persons, convicted and sentenced the appellants as indicated herein -above.