SOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE accused-appellants were charged with and tried for offences punishable Under Sections 148, 307/149 and 307/149 on two counts in their having, on 20-3-1978 at about 1-30 P. M. at Nagda while being armed with weapons like iron chains, rubber belts and sticks, formed an unlawful assembly whose common object was to murder Shantigopal (P. W. 2) and Raja-ram (P. W. 12) and in the prosecution of their common object, injured Shantigopal (P- W. 2) and Rajaram (P. W. 12) with such intention and under such circumstances that had they died, they (appellants) would have been guilty of their murder, before the Second Additional Sessions Judge, Ujjain (in Sessions Trial No. 96 of 1978 ). The Additional Sessions Judge though has acquitted each of them of offence punishable Under Sections 307/149 Indian Penal Code on one' of the counts regarding the injuries caused to Raiaram (P. W. 12, has held them guilty of offence punishable Under Section 323/149 Indian Penal Code for injuring Raiaram (P. W. 12) and of offences punishable Under Sections 307/149 and 148 Indian Penal Code. For the offence punishable Under Section 323/149 I. P. C, each of them has been sentenced to rigorous imprisonment for six months; for the offence punishable Under Section 307/149 Indian Penal Code each of them has been sentenced to rigorous imprisonment for 3i years and for the offence punishable Under Section 148 Indian Penal Code each of them has been sentenced to rigorous imprisonment for six months with a direction for these sentences to run concurrenily.

(2.) IN the town of Nagda, there is a Textile Factory called "bharat Commerce" and there are two rival unions of labourers working in it. One of them is named Bharat Commerce Majdoor Sangh whose General Secretary is Shantigopal (P. W. 2, President Jagdishchandra Shukla (P. W- 3) and the Vice-President Rajaram (P. W. 12 ). The rival union is called "textile Kamgar Union". This Textile Kamgar Union on 26-2-1978 had directed its labourer members to remain on strike but this strike had been held to be illegal by the Labour Court, Ujjain on 26-2-1978. None the less quite a few of the labourers of the Textile Kamgar Unio were continuing to be on strike, whereas the members of the rival union were opposed to such a strike and their office holders particularly including Shantigopal (P. W. 2) were persuading them to call off their strike and go to work in the factory.

(3.) IT was in this context that on 20-3-1978 at about 1-30 p. m. while Shantigopal (P. W- 2, Jagdishchandra (P. W. 3) and Raiaram (P. W. 12) from the house of Jaedishchandra Shukla (P. W- 3) in Birlagram Nagda were returning to the house of Shantigopal (P. W. 2) situated in the Government Colony, Nagda and were passing in front of the appellant Sohalal's house that the appellants coming out of their house armed with sticks, iron chains and belts started shouting that they (the three prosecution witnesses) being stooge s were favourites with the administrators of the factory. They be done away with. Jagdishchandra Shukla (P. W. 3) managed to run away little distance but not Shantigopal (P. W. 2) whom the appellants surrounded and smarted severely beating with their respective weapons. When Rai. a-ram (P. W. 12) went to rescue Shantigopal (P. W. 2) he also was beaten. Shantigopal (P. W. 2) severely injured and profusely bleeding became uncon-scious. At 1-45 p. hi. at a distance of ll furlongs, Jagdishchandra Shukla (P- W. 3) lodged the first information report (Ex. P. 31 ). B. K. Vyas (P. W. 16) Sub-Inspector Police went to the spot took Shantigopal (P. W. 3) to the Civil Hospital, Nagda where Dr. Miss Silawat (P. W. 1) on examining Shantigopal (P. W. 2) found eight bruises of varying sizes first with ecchymosis on the left side of the face, second on the left cheek, third on the upper side of left eyebrow, fourth on the left side of the neck, fifth on the righl upper side of the chest, sixth on. the right lower side of the chest, seventh on the upper right side of the back and eight on the lower right side of the back; an abrasion on the right side of the lower eyelid; three lacerated wounds one situated on the front of the middle of the leg, second just near it and the third also below the second of these injuries and two ecchymosis on the right forearm near the elbow joint and the other on the left forearm near the wrist joint. All these injuries were capable of being caused by a hard and blunt object. She advised X-ray photographs to be taken of the bruises on the right side of the chest and the lower side of the chest, ecchymosis on the right forearm near the elbow joint, ecchymosis on the left forearm near the wrist joint and bruises on the upper right side of the back and lower right side of the back respectively. She also advised for X-ray of the right and left forearms. She found Shantigopal (P. W. 2) in unconscious state and his general condition was not good. He was in neurogenic shock. He was kept under observation and later on he was referred to the Grasim Jana-Seva Trust Hospital, Nagda for further treatment.