HANSLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-Hanslal has been convicted under Ss. 326, 325 and 436, I.P.C. and sentenced to rigorous imprisonment for two years, three months and six months respectively.

(2.) It is not in dispute that accused-Hanslal is real brother of complainant-Girjabai (P.W. 3), Narbad (P.W. 2) is her husband and Krishna Kumar (P.W. 5) is her son. Girjabai had filed Civil Suit No. 246-A of 1987 in the Court of IIIrd Civil Judge, Class II, Balaghat against her brother Hanslal and two others for partition and separate possession of 4.12 acres of land of village Kosmi which she claimed to have been left by her father after his death 15 years ago. Khasra No. 57/1 area 0.09 acre is also included therein. This civil suit was filed on 7-12-1987. A certified copy of the plaint in that civil suit is Ex. D.7. These lands were jointly recorded in the names of Girjabai and Hanslal after the death of their father Tilakchand long back but on 18-6-1986 the Tehsildar struck out the name of Girjabai from the revenue record on the ground that she is not claiming any right on these lands. According to Girjabai she never relinquished her half share in these lands and she never executed any document in that behalf. She challenged the order of the Tehsildar by an appeal to the Sub-Divisional Officer but that appeal was dismissed on the ground of limitation on 25-8-1988.

(3.) The prosecution case is that on 28-6-1988 at about 11 a.m. accused-Hanslal and his two sons Bharatlal and Shriram came to the courtyard of the house of Girjabai (P.W. 3) in a bullock-cart and asked her "why she has filed the civil suit for partition of the lands." He started assaulting her, her husband Narbad (P.W. 2) and her sons Krishna Kumar (P.W. 5), Kapurchand (P.W. 1) and Tarachand (P.W. 4) with blunt portion of an axe and caused grievous injuries to them. He also set fire to her hut on Khasra No. 57/1 which she was using as a dwelling place and also for the custody of her property. Her son Kapurchand (P.W. 1) lodged the report Ex. P-1 at Balaghat Police Station. After investigation the charge-sheet under Ss. 294, 325, 323, 307 and 436, I.P.C. was filed against Hanslal and his two sons and the case was committed to the Court of Session. There was a counter-case which was Sessions Case No. 69/1989 against Narbad, Girjabai, Kapurchand and Tarachand, Hanslal and his sons Bharatlal and Shriram had also sustained injuries in this incident. The counter-case ended in acquittal. According to the prosecution the accused persons in the present case were the aggressors.