AJAY KARNANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 4/4/1997 passed by the 6th Additional Sessions Judge, Bhopal in ST No.30/1996, whereby the appellants were convicted for commission of offence punishable under Section 326/34 of IPC and sentenced for three years' rigorous imprisonment with fine of Rs.1,000/- each. In default of payment of fine, three months additional RI was directed.

(2.) THE prosecution's case, in short, is that on 21.5.1995 at about 1:30 AM in the night the victim Milkiyat Singh (PW-5) along with Manohar and Chaman Shekh while coming back from a dhaba at Bhopal, went to the house of the appellants and called the appellant Ajay. THEy visited the house of the appellants, because Manohar was to get some money from the appellants for the work which he had done in the furnishing industry of the appellants. On demand of that money, the appellant Ajay took a knife and assaulted the victim Milkiyat Singh many times. THE victim Milkiyat Singh sustained 13-14 injuries due to that assault on various parts of the body. THE appellant Ajit also assaulted the victim Milkiyat Singh with a stick (hockey). THE witness Manohar ran away from the spot, whereas the victim Milkiyat Singh fell down after some steps. Chaman Shekh (PW-11) took the victim Milkiyat Singh to the Kasturba Hospital, Bhopal. Dr. S.L.Rawat (PW-7) examined the victim Milkiyat Singh at Kasturba Hospital, Bhopal. He found 13 injuries to the victim Milkiyat Singh on his hands, legs, chest, abdomen, thighs and waist. He explored the injury No.5 and found that mesentery was cut. All layers of the abdomen were found cut. Four cut injuries were found to the intestines. As per the opinion of Dr. Rawat, the injury caused to the abdomen was grave and fatal. However, the injuries caused on both the knees were referred to the Orthopedic Expert. Chaman Shekh went to the Police Station Bagh Sewaniya and lodged an FIR Ex.P-13. THE case was registered against the appellants. Dr. R.K. Agrawal (PW-10) took the X-ray of the victim Milkiyat Singh and also examined the injury No.11 and 12, but no fracture was found, and therefore those injuries were repaired. After due investigation, a charge sheet was filed before the JMFC Bhopal, who committed the case to the Sessions Court, Bhopal and ultimately it was transferred to the learned 6th Additional Sessions Judge, Bhopal.

(3.) SECONDLY, it is also submitted by the learned counsel for the appellants that it is alleged by the victim that appellant Ajit also participated in the crime, but no injury was found to the victim Milkiyat Singh which was caused by a hockey stick, and therefore common intention of the appellant Ajit could not be presumed. He cannot be convicted for any offence done by another appellant. In the alternate, it is submitted that the appellants have faced the trial and appeal for last 16 years. They had the right of private defence to save their property. The appellant Ajay was only 23-24 years old at the time of incident. The appellants remained in the custody for sufficient period during the trial and therefore they may not be sent to the jail again. In this context, reliance is placed on the judgment of the Division Bench of the Bombay High Court in the case of "Pratapsingh Vs. State of Maharashtra" (1996 CRI LJ 790).