GENDLAL ALIAS GENDU Vs. STATE OF M P

JUDGEMENT

(1.) The Additional Sessions Judge, Narsinghpur vide his judgment dated 12.12.79 passed in Sessions Trial No. 80 of 79 convicted accused Gendlal under section 307, accused Kodulal under section 324 and accused Durgabai under section 323 of the Indian Penal Code and sentenced accused-appellants Gendlal and Kodulal to (I) rigorous imprisonment for four years and (2) imprisonment till rising of the Court and a fine of Rs. 200/- and in case of default in payment of fine to undergo rigorous imprisonment for two months respectively and accused-appellant Durgabai was released after due admonition under section 3 of the Probation of Offenders Act. It is being aggrieved by their above said convictions and sentences that the three accused-appellants have filed the present appeal in this Court.

(2.) The incident took place in village Bandol of district Narsinghpur on 14.7.1979 at about 7.30 in the morning. According to the case of the prosecution, a day prior to the incident accused- appellant Gendlal has got a calf belonging to P.W. 2 Chhadamilal admitted in the cattle-pound. On the date of the incident, in the morning, the said accused-appellant made certain cattle to enter into the field of P.W.2 Chhadamilal and graze there. When P.W. Chhidamilal protested against the said act of accused-appellant Gendlal, all the members of his family including him and accused- appellants Kodulal and Durgabai came to the house of P.W. 2 Chhidamilal and started quarrelling with him in front of the said house. Accused-appellant Gendlal hurled abuses at P.W. 2 Chhidamilal and when his son P.W. 4 Vijay Kumar asked him not to do so, accused-appellants Gendlal and Kodulal pushed P.W.4 Vijay Kumar and took him upto the Neem tree standing nearby. There, accused appellant Gendlal gave fists blows to P.W.4 Vijay Kumar and fell him to the ground. At this stage, P.W. 1 Amarsingh. P.W.3 Motilal and P.W. 6 Kadori reached there and tried to intervene in the matter. P.W. 1 Amarsingh admonished accused-appellant Gendlal for quarrelling in this manner. On this intervention accused-appellants Gendlal, Kodulal and Durgabai went back to their house, but soon thereafter they returned to the said place armed with a ballam, a kholia and a lathi respectively. P.W. 1 Amarsingh who had intervened in the matter earlier again asked accused appellant Gendlal not to act rashly. On this, accused - appellant Gendlal hit him with the ballam on his chest. Accused-appellant Kodulal also hit him with the kholia (parena). As a result of the injuries received by him, P.W. 1 Amarsingh fell to the ground. P.W. 2 Chhidamilal was also hit with the kholia by accused-appellant Kodula. As P.W. 2 Chhidamilal tried to avoid the said hit, the kholia fell on his right cheek and caused an injury there. P.W.3 Motilal tried to snatch the ballam from the hands of accused appellant Gendlal and in the process received an injury on his left index finger. Accused-appellant Durgabai also participated in the incident hi blow to P.W. 4 Vijay Kumar which struck him near left ear.

(3.) The above said case of the prosecution stood simply established from the evidence of P.W. 1 Amarsingh. P.W. 2 Chhidamilal, P.W. 3 Motital, P.W. 4 Vijay Kumar and P.W.6 Kadori as also by the medical evidence produced in the case as regards the nature of the injuries received by all those who were said to have been injured during the course of the incident. It was P.W. 2 Chhidamilal who lodged the first information report about the incident at police station Gotegaon, which was situated at its distance of about 9 Kms. from the village. The said report was lodged at 11 in the morning and as such there was no delay in making the same. The substance of the evidence of the eyewitnesses referred to above was consistent with the version of the incident contained in the first information report and the said fact also lent assurance to the truthfulness of what was deposed to by the said witnesses.