SHAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal Tis directed against the Judgment and other dated 10.10. 1986 of the 1st AddI. Sessions Judge, Ratlam passed in S.T. No. 86/85 whereby the accused-appellants have been convicted under Section 325 Road with 149, I.P.C. and sentenced to 6 months R.I. each for causing grievous hurt to Bhagwansingh and further convicted under Section 323, I.P.C. for causing simple injuries to Umraosingh and Sentenced to one month R.I. each. Accused Bhanwarsingh Sb Bapusingh has been convicted under Section 148, I.P.C. and sentenced to four months R.I. and a fine of Rs. 200/- in default of payment of fine S.I. for one month. Rest of the accused persons have been convicted under Section 147, I.P.C. and sentenced to three months R.I. each.

(2.) The brief history of the case is that injured persons Bhawansingh (P.W. 7) and Umraosingh (P.W. 9) are residents of Village Bhavgarh. Accused persons are also residents of the same Village. It appears nearly 5-6 days prior to the date of incident i.e. 26.4.1985 the officials of Excise Department have raided the house of accused Bhanwarsingh, Bhuwansingh and Prabhulal. It appears they were involved in illicit distillation of liquor. These accused persons were suspecting that Bhagwansingh has acted as an informer. Bhagwansingh denied this allegation and further requested that he is ready to take oath in a temple situated in the same Village.

(3.) On the date of incident all the accused persons and persons of the Village had assembled in the temple. Injured Bhagwansingh and Umraosingh also came there. Bhagwansingh Was probably having water in a jug probably mixed with changes water. He proposed in the presence of accused persons and the villagers that he is ready to take oath in the name of Ganges water or in the name of deity installed in the temple. But accused persons did not agree to his proposal and they were continuously making allegation that he (Bhagwansingh) has acted as informer against them. Bhagwansingh and Umraosingh, thereafter wanted to leave the place by Bhanwarsingh S/o Udaisingh did not allow them to leave place and on his exhortation, all the accused persons surrounded them.