STATE OF MADHYA PRADESH Vs. JAGDEESH

JUDGEMENT

(1.) State of Madhya Pradesh has preferred this appeal against judgment dated 20/06/1994 passed in Sessions Trial No. 139/1991. Learned Sessions Court had acquitted the accused persons under Sections 147, 336/149, 452/149, 323/149, 427/149, 436/149 and 342/149 of Indian Penal Code. One of the accused person namely Jagdeesh-respondent No. 1 in this appeal has been convicted under Section 324 of Indian Penal Code for voluntarily causing hurt to Bhagwan Das.

(2.) Appellant in this appeal has challenged acquittal of respondents under Sections 147, 336/149, 452/149, 323/149, 427/149, 436/149 and 342/149 of Indian Penal Code. This Court while considering the application for leave to appeal filed by the State Government has dismissed the application in respect of 16 accused persons i.e, respondent Nos. 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20. Leave to appeal was allowed against four respondents i.e, respondent Nos. 1, 5, 7, 14, namely Jagdeesh, Brajmohan, Barelal, and Harcharan.

(3.) As per prosecution story, Jagdeesh and Barelal are sons of one Nandram. They are neighbors of complainant Dharamdas. Bhagwandas, Motilal, Ashok Kumar are sons of complainant Dharamdas. Admittedly, there is enmity between Dharamdas and his neighbor Nandram. On 27/03/1990 grandson of Dharamdas namely Kailash was playing near hedge of house of Jagdeesh. Kailash aged one and half years was injured when Jagdeesh removed the temporary gate of the hedge. He fell down due to the push of the gate and started crying. Over this, daughter-in-law Rajkumari and Bhagwandas started cursing Jagdeesh. Enraged by curse, Jagdeesh assaulted Bhagwandas with kulhadi (axe) on his head. After some time, all the respondents came there with lathi and stones and surrounded the house of Nandram. They started pelting stones on the house of complainant Dharamdas. Complainant and family members took refuge in the house. Respondents entered inside the house and broke household articles of complainant. Respondent Brijbhan bolted the house of the complainant and put the house on fire. Villagers tried to douze off the fire but respondents did not allowed them to douze off the fire and threatened them. Hearing about the incident, Naib Tehsildar, who was visiting village Banda came to the spot and gave directions to put off the fire. When villagers failed to put off the fire, he went to Police Station Mohangarh. Incharge S.H.O. Shri R.K. Gautam made entry of the incident in rojnamcha and reached the spot with police force. Collector and Superintendent of Police also reached the spot. Police force evicted the family from the house and put off the fire. Incharge S.H.O. registered dehati nalshi, Ex-P/1 at the spot and send it to police station for registration of FIR. Injured persons were sent to hospital for examination. Punchnama of damages and seizure memo of the burnt articles was made on spot. Thereafter, statements of witnesses were recorded and challan was filed in the Court. Matter was committed for trial before Sessions Judge on 4/10/1991.