SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two appellants who were tried and convicted for offence under section 307 and sentenced to five years R.I. by the judgment dated 29th November, 1979 passed by the Sessions Judge, Narsinghpur have preferred this appeal under section 374(2) of the Code of Criminal Procedure challenging the said conviction and sentences.

(2.) The prosecution case was that on 21-7-1979 at about 9 in the morning the complainant Komal was returning from village Jamunia to his village Muwar. He was accompanied by his niece Mayabai (P.W. 2). When he reached Jhirya Naja the two appellants reached there and assaulted him with Farsa and lathi. On Mayabais shouting Devi Prasad (P.W. 4), Ratansing (P.W. 5) Roshan (P.W. 3) etc. reached on the spot. On seeing these persons they left Farsa and lathi and ran away. The complainant Komal was carried to the police station. The cause of the aforesaid incident was stated to be a week before appellant Suresh had hit a cow with his axe which was objected to by the complainant. A police, report was lodged of that incident. This event according to the prosecution was the reason, which prompted assault of the complainant by the appellants.

(3.) The Sessions Judge first considered whether appellants attempted to commit murder of complainant Komal or they attempted to commit his murder in furtherance of common intention of both. Relying upon Komal (P.W. 1) and Deviprasad (P.W. 4) learned Sessions Judge held that prosecution has proved beyond doubt that a cow of Sukal was injured and stains of blood were found near the house of the appellants. They were accused by the villagers for injuring the cow. In lodging the report of the incident the appellants bore enmity against Komal. The learned Sessions, Judge further considered the actual incident and found evidence of Komal to be wholly reliable. He also found the evidence of Mayabai (P.W. 2) reliable and believed her. The testimony of Mayabai fully corroborated the version of Komal on material points. As far as other eye-witnesses are concerned the learned Sessions Judge also believed Roshan (P.W. 3) and Ratan (P.W. 5). On the basis of the evidence it was held that the appellant Mahesh beat complainant with Farsa and appellant Suresh beat him with lathi. When pointed out that Dr. Koparia did not find any injury caused by lathi on the person of Komal, the learned Sessions Judge, held the same of no consequence as appellant Suresh had admitted his presence on the spot. On the aforesaid findings the learned Sessions Judge found the offence under section 307, Indian Penal Code proved beyond doubt. The appellant Suresh had taken the plea of right of self-defence but the same was found to be contrary to his report (Ex. P- 10) and not believed. Under the circumstances, the appellants were convicted and sentenced.