STATE OF MADHYA PRADESH Vs. SHALIGRAM

JUDGEMENT

(1.) THIS is an appeal from the acquittal of the 15 respondents (Shaligram, Shankerlal, Badrinarayan, Ramnarayan, Jagannath, Parasram, Lakhan, Ramkaran, Asgar, Devisingh, Hari, Babulal, Dashrath, Govind and Hardeen) who were tried under sections 302/149 for having caused the death of Rambharos and also under sections 352/149 and 323/149 of the Penal Code for having caused injuries to Onkarsingh, Baiji, Kodu, Kunnu and Ramgopal and also under section 447 of the Penal Code for committing trespass and further under section 148 of the Penal Code for rioting while armed with deadly weapons.

(2.) THE bone of contention was a field situated in village Manakpur. Mishrilal (P. W. 9), the erstwhile Malguzar, had sold the field in dispute to Hannu, father of Onkarsingh (P.W.I). After Hannu's death, Onkarsingh and his mother paid land revenue. According to the prosecution, Onkarsingh stayed with his maternal uncle in another village as he was a minor. His mother entrusted the land to Parasram accused to look after the cultivation. About three years prior to the occurrence, Onkarsingh returned to village Manakpur and he demanded possession of the field from Parasram but he did not comply with his request. Onkarsingh then, of his own accord, took possession of the field. On July 20, 1966 Parasram and Babulal, filed an application (Ex. P. 32) in the Revenue Court, under section 250 of the M. P. Land Revenue Code, 1959, for their reinstatement into possession. On December 1, 1966, that application was dismissed in default.

(3.) ONKARSINGH (P.W.I) sustained 6 injuries with a fracture of the right ulna. Kodu got 4 lacerated wounds. Ramgopal had 4 lacerated wounds and a contusion, with a fracture of the skull bone. Baiji bad 2 lacerated wounds and an abrasion.