SHIVRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The following judgment of the Court was delivered by Malik, J. The appellants except Mehtar have been convicted under sections 148 and 307 read with section 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 2 years and 5 years respectively. The appellants except Shobit and Manglu have further been convicted under sections 148 and 302 read with section 149, Indian Penal Code and sentenced to suffer R.I. for 2 years and to imprisonment for life respectively. The sentences have been made to run concurrently.

(2.) To state the prosecution story briefly: In all, 17 persons were prosecuted for rioting and for attempting to murder Bisram (P.W. 1) and for having committed murders of Baratu and Pheku. Eight have been convicted as aforesaid for attempting to murder Bisram and for committing murder of Baratu. They have all been acquitted of the charge of murder of Pheku.

(3.) In village Pakaria of Bilaspur District, an idol of Budadeo was installed in a temple near the village tank. The Satnamis and non-Satnamis had collected funds for the worship and the worship was performed by the Hindus and Satnamis jointly. Fifteen or twenty days after this worship, ram (P. W. 1), who is a Gond, had a dream and so he says, he was possessed by Budadco, who seemed displeased by the worship at the hands of Satnamis. Bisnim took a sword, a knife and a lemon, to the temple on Hareli day (a day on which the cultivators worshipped their implements and bullocks), worshipped Budadeo and came to the Satnamipara. He accosted the Satnamis not to worship Budadeo anymore. It was his God, he said, and they were not going to pollute the temple any more. This enraged the Satnamis. It is said, Shivram called upon the Satnamis to beat him. Bisram was attacked with Tabbals, Barchhis and lathis. Baratu and Phaku, who reached in hearing the noise, were also attacked and they lost their lives.