BHARATSINGH & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Vide judgment dated 23.1.1996 the appellants are convicted and sentenced for the following offences in ST No.182/1992 by the learned Third Additional Sessions Judge, Chhindwara: <FRM>JUDGEMENT_196_LAWS(MPH)4_2014.html</FRM>

(2.) The prosecution's case, in short, is that on 5.5.1991 the complainant Kamal Mehta was the Manager of the Wallace Pit Mines, Chandameta. A strike was called by the Asean Trade Union Council (ATUC), one of the Trade Union of the labourers, in that mine. The strike was being observed near that Wallace Pit Mines and the labourers were rioting there and various accused persons in the shape of a crowd went to the office of the complainant Kamal Mehta, who was in the adjacent room to his office. The accused persons including the appellants entered in the room having sticks, ballams, farsa etc. and assaulted the complainant Kamal Mehta and dragged him. The various staff members including Gurupal Singh Patiyalu (PW-2), Mahesh Datt Sakle (PW-3), Atri Bai (PW-6) and Kalawati Bai (PW-7) saved the victim Kamal Mehta. Thereafter Kamal Mehta was taken to Badkuhi Hospital and he also lodged an FIR at Police Station Chandameta. He was examined by Dr. R.K. Bansod (PW-8), who gave a report Ex.P-14. He found one lacerated wound on the left parieto region and three contusions at the left thigh, right palm and left palm. The victim was admitted in the hospital. After due investigation, a charge sheet was filed before the JMFC, who committed the case to the Sessions Court and ultimately it was transferred to the learned Third Additional Sessions Judge, Chhindwara.

(3.) The appellants-accused abjured their guilt. They took a plea that since they were the persons related to the strike, therefore they were falsely implicated in the matter. They relied upon the report Ex.D-1 sent by the complainant to his higher authorities about the incident to show that the appellants were not involved in the crime. However, no defence evidence was adduced.