PATIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this Criminal Appeal the 2 appellants, Patiram Bhagwandas and Mullu have challenged their conviction under Section 148 and Section 304, Part II read with Section 149 of the Indian Penal Code for which each of them has been sentenced to undergo rigorous imprisonment for a period; of One year under Section 148 of the Indian Penal Code and rigorous imprisonment for a period of 5 years under Section 304 Part II read with Section 149 of the Indian Penal Code by the Sessions Judge, Raisen in Sessions Trial No. 45 of 1979 decided on 7th December, 1979.

(2.) In all 17 persons including the present appellants named above, were prosecuted under Sections 147, 148 and 302 read with Section 149 of the Indian Penal Code for having formed an unlawful assembly in the evening of 20th August, 1978 committing riot and causing the death of Amar Singh at village Doobtalai, police station Ban, district Raisen.

(3.) In brief the prosecution case was that in the evening of 20th August, 1978, a cow belonging to the deceased Amarsingh had entered the Bada of appellant Bhagwandall and when Ramesh (P.W. 1) the son of deceased Amar, Singh went to bring the cow from the Bada he was prevented by the appellant, Bhagwandas from taking it a way. The appellant, Bhagwan Das alongwith Laxman then proceeded to take the cow to the cattle pound but they were constructed by Ramesh (P.W. 1) and, therefore, the appellant Bhagwan das gave him a lathi blow. Ramesh shouted and called his father deceased Amar Singh. Amar Singh came and asked appellant Bhagwandas and Laxman not to take the cow to the cattle pound but they did not concede to his request and proceeded further reaching the river of the village where there were appellants Patiram and Mullu as also one Premo At the river 3 appellants, Prem and Laxman started beating the deceased Amar Singh with Jathis who shouted for help. Hearing the cries of Amar Singh his two sons Bhagatji (P.W. 6) and Mishrilal (P.W. 7) reached there and tried to save their father but they were also dealt with lathi blows. Deceased Amar Singh fell down on the ground; Ramesh (P.W. 1) rushed to the police station Sari along with his maternal uncle Motilal where he lodged the first information report (Ex. P.1) at about 9.15 p.m. in the police station Sari the same day. Later on Chabbilal (P.W. 4), the brother-in-law of deceased Arnar Singh also reached- the police station Sari and informed that Amar Singh died on the spot and his two sons Bhagatji (P.W. 6) and Mishrilal (P.W. 7) were lying injured and unconscious.