DEVISINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant was tried along with other accused Amarsingh, Prema and Madanlal for offences punishable under Ss. 307, 307/34, IPC and 332 read with 34, IPC co-accused have been acquitted by the trial court while the appellant has been convicted under S. 326, IPC and 353, IPC and sentenced to undergo rigorous imprisonment for five years and one year respectively The sentences were to run concurrently. The judgment delivered by Sessions Judge, Shajapur, in sessions trial No. 48/84, on 31-10-1984.

(2.) Prosecution case, in brief, was that Lilabai wife of the appellant had gone to her parental home in village Kayari. While she was still on her way along with her brother and sisters, the accused forcibly dragged her and dealt fists and blows. She was brought to the house of Devisingh. This incident was reported to Sudhdhuial P.W. 3 father of Lilabai, who lodged the report at police station and obtained a search warrant which was entrusted for execution to Kesharsingh P.W. 6, who accompanied Sub-Inspector Devara P.W. 10 to village Mehari and recovered Lilabai from the house of Devisingh.

(3.) On the date of the incident i.e. 5-1-84 when Lilabai being brought to the police station by Kesharsingh P.W. 6 and the village chowkidar Onkar, the accused armed with Farsi and lathis attacked the Police party. Kesharsingh was asked to stop which he declined. Accused threatened by saying "Pehale Sipahi Ko Niptado". The appellant dealt a Farsi blow on Kesharsingh which he could ward off with the help of his cane. Thereafter it was the turn of Lilabai who was attacked by the accused resulting in as many as four incised wounds; her nose was cut, left fore arm was cut so also her right shoulder. A report was lodged at police station Chhapiheda by Kesharsing P.W. 6. who it appears was a Home-guard. During the course of investigation the accused was arrested and Farsi allegedly used by him was recovered at his instance.