JAIRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This is an appeal under section 379 Cr. P.C. read with section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act. There are eight appellants. They were tried for offences punishable under sections 148, 302/149, 324 and 447 I.P.C. The trial Court acquitted all of them. The State preferred an appeal and a Division Bench of the High Court reversed the order of acquittal and convicted all of them under section 302/149 I.P.C. and sentenced each of them to undergo imprisonment for life and under section 324/149 sentenced to two years' R.I. The sentences were directed to run concurrently. The prosecution case is as follows:

(2.) THE accused pleaded not guilty. A -1, however, stated that he and A -5 were going on the road in front of the house of P.W. 1 to their fields. A -1 was armed with a gun as usual and when they. were in front of the house of P.W. 1 and Bhagwandas Soni, the deceased called A -5 by name and asked him why he had not left the service of A -1. A -5 said that he would not leave his service. Thereupon the deceased attacked A -5 with katama and P.W. 1 assaulted him with a lathi. On this A -1 enquired as to why he was assaulting his servant A -5 and the deceased said that he should not intervene. When A -1 again intervened the deceased proceeded towards A -1 to assault him with katarna. Thereupon A -1 fired into air. Even then the deceased and P.W. 1 did not heed and proceeded towards him and to save his own life he fired towards them and the deceased fell down on the road in front of his house. Then both of them went away to the field. The remaining accused denied their presence at the scene of occurrence ,and stated that they have been falsely implicated.

(3.) WE have also examined both judgments and we arc inclined to agree with the High 'Court that the reasons given by the trial Court are highly unsound and cannot stand scrutiny.' ,