NARSINGH Vs. STATE OF M. P.

JUDGEMENT

(1.) THE appellants were charged with and tried for offences punishable under section 307 read with section 149 Indian Penal Code and section 148 Indian Penal Code for having, while being armed with deadly weapons like a gun, an axe and lathis on 19 -2 -1977 between 7 and 8 a.m. near village Rupkheda, formed an unlawful assembly whose common object was to cause death of Govind (P. W. 1) and in the prosecution of that common object of them, the appellant Narsingh firing his gun at Govind and the members of the unlawful assembly grievously injuring him under such circumstances that had Govind died, they would have been guilty of his murder, before the Additional Sections Judge, Mandlesbwar in Sessions Trial No. 133 of 1977, who finding all the appellants guilty of offence punishable under section 307 read with section 149 Indian Penal Code, has sentenced each of them to rigorous imprisonment for seven years and of them Nasingh and Sakharam in addition guilty of offence punishable under session 148, Indian Penal Code has sentenced each of them to rigorous imprisonment for one year and Rs 300/ -fine failing the payment of which he is to further undergo rigorous imprisonment for three months and the rest of the appellants in addition guilty of offence punishable under section 147 Indian Penal Code has sentenced each of them to rigorous imprisonment for six months with Rs. 200/ -fine failing the payment of which he is to undergo further rigorous imprisonment for one month. The substantive sentences are to run concurrently. They appeal.

(2.) THE daughter of Govind (P. W. 1) had been betrothed to the son of the appellant Narsingh enabling the appellant Narsingh to often visit Govind P. W. 1's house leading to his intimate relations with Govind's wife. Govind (P. W. 1) coming to know of it stopped the appellant Narsingh from visiting his house. This led to strained relations between Govind (P. W. 1) and the members of his family on the one hand and the appellant Narsingh, the members of his family and his servants on the other hand. It was in this context that on 19 -2 -1977, the appellant Narsingh being armed with his 12 bore gun, the appellant Sakharam with an axe and the rest of them with lathis unlawfully assembled by the side of a well in one Laxman's field in the neighborhood of Govind - -P W. 1's field, where or near bout each other Govind (P. W. 1), Sitaram (P W. 3). Shambhu (P. W. 4), Bhagwan (P W. 5) and Gopal (P. W. 12) were working. The appellants started abusing Govind (P. W. 1) and throwing stones at him injuring Sitaram (P, W. 3). When Govind protested, the appellant Narsingh fired his gun at Govind injuring his legs entailing his fall on the ground. Seeing this, the companions of Govind (P. W. 1) abandoning him, fled away to take refuge in the village. The appellants then surrounding Govind (P. W. 1) thoroughly beat him. They then with their weapons ran back home.

(3.) IN the meantime, the severely injured Govind (P. W. 1) was taken in a bullock cart to Balakwada Police Station, where he lodged the first information report (Ex. P. 1) again recorded by Govindsingh (P. W. 15) containing among others the fact of his at the time of the incident being armed with an axe which the appellant Narsingh had snatched from him. Dr. Abdul Khalik Siddique (P. W. 17), the same day at 1.30 p.m. examined Govind (P. W. 1) and found that he had three lacerated wounds adjoining each other on the occipital -parietal region, 3 "x 1/2" x bone deep, 2 -1/2 x 1/2" x bone deep and 2" x 1/2" x bone deep, six bruises on the right forearm, left fore and upper arm, both lower limps (tibial and fibular areas) with marked tenderness with blood oozing out from the skin of wounds which were 1" deep, left side of the back of the lower chest left shoulder and the left arm. Apart from these injuries, there was tenderness and swelling on the ring linger at its root. These injuries, in his opinion, could have been caused by hard and blunt object and they were of 23 hours' duration. He found injury No. 5 the bruise with small lacerated wound 3 or 4 on both the lower limbs (tibial and fibular areas) with marked tenderness and blood oozing from wound 1" deep with roundish and irregular margins, very small in size and like pin points. They could not be measured but their depth was about 1" on the front side. He admitted that they were penetrating wounds and penetrating wounds could be caused by pellets of gun cartridges. He did not consider them to be gun shot wounds because gun shot wounds, according to him would have been through and through.