JUGROO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Altogether, 43 persons were put on trial. Out of them, appellants have been held guilty of offence under Sections 302/149, 324/149, 436/149, 452 and 148 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life, 2 years, 5 years, 3 years and 2 years respectively by the First Addl. Sessions Judge, Damoh in Sessions Trial No. 41/84 by judgment dated 2-1-1989. Aggrieved by the same, appellants have preferred this appeal.

(2.) According to the prosecution, on 17-3-1984 villagers were invited to the residence of accused Sashikant (since acquitted), the Sarpanch of the village for Fag i.e. singing holi songs on the Dhuredi day, which is celebrated on the following day of Holi. In the said celebration, members of the Chamar caste i.e. a Scheduled Caste community, also participated. After the Fag was over, members of all the communities went to the public temple situated in the midst of the village to sing Fag and after 2-3 songs, the Pujari of the temple i.e. appellant No. 17 Chattu Brahman and appellant No. 24 Rattu alias Ratan Singh Lodhi put Gulal on the forehead of the persons present there but they did not do so to the members of the Harijan community. They, however, on the members of Chamar community sprinkled Gulal, because of untouchability, which entered in their eyes. This was objected by the Chamars. This accordingto the prosecution, infuriated appellant Rattu Lodhi and he abused the Chamars and stated that they should live like Chamars. This was not liked by the Chamars present there and they started proceeding towards their homes. Accused persons considered it to be afront to their status and they chased them pelting stones and entered the Chamar Mohalla armed with Ballam, Kulhadi, Farsa and Gun. Some of the accused persons climbed on the roof and started destroying the tiles (Khapdas). Apprehending danger to their lives, according to the prosecution, members of the Chamar caste hid themselves in the houses and deceased Vishram and his son Nandu Chamar hid themselves in the house of P. W. 7 Doman, where accused persons after breaking open the roof of the door threw big stones from the hole in the roof and assaulted them by Ballam and axe. According to the prosecution, accused persons ignited Mashal and identified the Chamars and started assaulting them one by one and set on fire their houses and properties. Because of the injuries caused by accused persons, Vishram died at the spot and Nandu was severely hurt. In the occurrence, P.W. 3, Birju, P.W. 5 Ujyar, P.W. 8 Hemraj, P.W. 10 Gammu, P.W. 16, Punna, P.W. 22, Tantu, P.W. 23 Bukhi and P.W. 38 Teji also sustained severe injuries.

(3.) According to the prosecution, accused persons lifted the injured person and brought them to the temple where they were also assaulted. In the meanwhile, Ujyar P.W. 5 ran to Nohta Police Station and lodged the report (Ex. P/4). On receipt thereof, Police personnel reached the village and sent the injured persons to Damoh Hospital but the condition of Nandu being serious, he was sent to Medial College Hospital, Jabalpur where he died on the following day. Other injured persons remained admitted in the hospital for several days. P.W. 52 the then Circle Inspector of the Harijan Cell investigated the case and on memorandum of appellant No. 11 Charan Singh, an axe was recovered which was seized and on the same, human blood was found by the Serologist. He further on the memorandum of appellant No. 14 Jugraj recovered a gun for which he had no licence.