RANDHIRSINGH BARELAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against the conviction and sentences recorded by the Sessions Judge, Vidisha in Sessions Trial No. 97 of 1977, dated 11-5-1978, convicting the appellants to undergo sentences of 7 years' rigorous imprisonment under section 304 of the Indian Penal Code read with section 34 Indian Penal Code, 3 years' rigorous imprisonment under section 326 Indian Penal Code read with section 34 Indian Penal Code, 2 years' rigorous imprisonment under section 325 Indian Penal Code read with section 34 Indian Penal Code and 6 months' rigorous imprisonment under section 323 Indian Penal Code read with section 34 Indian Penal Code, all sentences to run concurrently.

(2.) THE facts which are not disputed in this case are that on the day of incident Soma received injuries and he succumbed to them. Kallu, Buddha and their wives also received injuries in the incident. All the accused were arrested by the Police, thinking that they are responsible for the alleged incident. It is also admitted that accused Randhir Singh and Soudan Singh also received injuries.

(3.) IN short, the story put forward by the prosecution is that a plot each was allotted to Kallu, Buddha and Soma by the Government for construction of their houses. This allotment took place in 1977, but instead of constructing a house for residence, they used the land for cultivation and in 1977, they had sown the crop of Jwar and Maize. It is further said that at the time when the incident took place, the crop was standing. On the date of the incident, all the accused persons took their cattle with an intention to graze the cattle in the field which was sown by Kallu, Buddha and soma and in spite of protest, the cattle entered the field and damaged the crop. When accused persons were asked to desist from doing this, instead of accepting the request, accused persons gave them beating. Because of beating Soma died on the spot. As the incident was taking place, the lady members belonging to the families of Kallu and Soma tried to ward off the beating which they were receiving at the bands of the accused. But, the accused persons gave them beating also and they suffered injuries because of the beating given by the accused.