GANESH RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FIFTH Additional Sessions Judge, Vidisha, in Sessions Trial No. 131/82 (State of M.P. v. Ganeshram and 22 others) has found these appellants guilty under sections 302/149, 307/149, 324/149 and 323/ 149 of the Indian Penal Code (Code for short) and sentenced them to undergo life imprisonment, 7 years' rigorous imprisonment, 2 years' rigorous imprisonment, and 6 months' rigorous imprisonment with a direction that these sentences are to run concurrently, Ganeshram (al), Laxmansingh (A3) were also found guilty under Section 148 of the code and sentenced to undergo rigorous imprisonment for two years more, which was to be executed concurrently. Aggrieved appellants have preferred this appeal.

(2.) AS per prosecution, the complainant party, i.e., Kamal Singh (PW1), his father GorelaL (PW5), mother Saraswati Bai (PW8), brother Roop Singh (PW6) and son Prakash (since deceased) were cutting the crop of wheat and gram from Bagicha field. On 5 -3 -1982, at about 9.00 or 10.00 A.M. Ganeshram (A1) armed with farsa, Kashiram (A4) with a lathi, Laxman Singh (A3) with an axe, Pratap Singh (A5) with a lathi, Munna (A2) with a lathi came to the field with other companions Hari Singh (since deceased) Bharat Singh. Munsaf Khan, Ballu Khan, Preetam Singh and women -folk. These companions were also armed with lathis, however, women -folk were unarmed (all these were co -accused in trial, but are acquitted). The appellants and their companions checked the complainant party Kamal Singh (PW 1) and others from cutting the crop. Kamal Singh (PW1) insisted that they would cut the crop as field belongs to them, whereupon all the appellants and coaccused started be labouring them causing injuries to Gorelal (PW 5), Saraswati Bai (PW8). Roop Singh (PW6). Beni Bai (PW7) and Rajaram (PW11). Deceased Prakash had also sustained serious injury on his head which proved fatal later. Pratap Singh (A5) gave a violent blow of stick on head of deceased Prakash a eight year old son of Kamal Singh (PW 1). Narayan Singh (PW 2), Nawal Singh (PW 3). Gorelal (PW 5) and Chowkidar had also come on spot. FIR was lodged by Kamal Singh (PW 1), in the same night at about 9.00 P.M. at Police Station Kurwai. All the injured persons were taken to the Police Station by bullock -carts.

(3.) INITIALLY , the offence was registered under Sections 307/34, 148 and 149 of the Code, however, deceased Prakash succumbed to his injury in hospital on 9 -3 -1982. Then section 302/34 of the Code was added. His autopsy was done by Dr. S.G.S. Khare (PW 13), who noted following injuries vide Ex. P/30: "Contusion with haemmatoma diameter 2 -1/2" on occipetal region of scalp little towards the right. Skull was fractured, vertebrae healthy haemorrhagic and plerced at right parietal region. Chambers of heart were empty. Stomach contained liquid food. Small intestine contained simi -digested food. Large intestine contained faecal matter. Right parietal and occipetal bones of skull were found fractured resulted from forcible blow by hard and blunt object on right occipetal region of his scalp. Cause of death was shock and syncope due to head injury and fracture of skull. which caused contusion and intercapillary haemorrhage within the brain substance and meningis. Death was within 24 hours of the post -mortem examination."