NANNUSINGH NAHARSINGH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is the appeal of the eight accused persons viz. Mannusingh, Abhaysingh, Jagdish Singh, Naharua//as Naharsingh, Khushal singh, Karan Singh, Indersingh and Nawal, who on their convictions under sections 147, 429 and 436 of the Indian Penal Code have each been sentenced to respective terms of imprisonment of one year, two years and eight years, with the direction for the concurrent running of these sentences.

(2.) VILLAGE Bihar of the district East Nimar comprises of a little over 100 houses, inhabited by Thakurs and also Bhils, belonging to aboriginal tribe. From mid-noon till later afternoon on 15-5-1982; about 41 houses and some thrashing grounds, all mostly of Bhils, were gutted with fire and were destroyed. In this village, not only the household effects and other sundry articles were destroyed but 34 cattle including 23 goats (grown-up as well as younger ones), one bullock and some calves were also roasted to death, and this apart, two bullocks and seven goats were sufficiently burnt and injured (P. W. 17 Dr. Chenana ). All such damage, consequent to the burning of the houses, household effects, grain and cattle was to the tune of about Rs. 1,13,458 00 (Rs. one lac, thirteen thousand, four hundred fifty eight), as assessed by the Police Investigation Agency, vide the detailed list ex. P-4.

(3.) THE case of the prosecution, in short, was that all the appellants-accused and one Salim alias Salirauddin, now absconding, just before the alleged incident, started hurling abuses at P. W. 1 Kachru Bhil and others, and then collected at the house of the accused Indersingh and after the firing of some pistol-shots by Salim and the throwing of hand-grenades from the house-top of Indersingh, all emerged from the said house armed with lethal weapons viz. fire-arms, ballam, pharsi etc. and also buckets filled with kerosene oil, and then started on their rampage, burning the houses of the bhils and others,-the first place burnt down was the mandap of P. W. 1 kachru and then the adjoined house of Dagdu; and then further, the houses of the rest of the respective persons, as detailed in the list Ex. P. 4.