TIKARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dtd. 13/6/2001 passed by the 12th Additional Sessions Judge, Gwalior, in Sessions Trial No.312/1991 convicting the appellants under Ss. 302/34 and 452 of IPC and sentencing them to suffer life imprisonment with fine of Rs.2,000.00 and rigorous imprisonment of two years with fine of Rs.1,000.00respectively with default stipulations, appellants have preferred this appeal under Sec. 374 of Cr.P.C.

(2.) Prosecution case in brief is that on 3/3/1991 at 1.10 pm Pooranlal along with injured Nandkishore came to police Chowki Hazira and lodged a report that he is residing at Old Resham Mill Line in his house along with his brother Jagdish. On 26/2/1991 his younger brother Nandkishore had come from the village to celebrate festival of Holi. Yesterday i.e. 2/3/1991 in the night when complainant Pooranlal along with his family was in his house, his neighbourer Preetam Koli and his friend Lakhan Dhobi came to his house and demanded liquor. When Pooranlal replied that he has no liquor, then accused Preetam asked him to bring liquor. When Pooranlal refused, Preetam pointed Katta and caught hold of complainant Pooranlal and Lakhan gave 4-5 blows of latha. The persons of the locality intervened in the matter and asked him not to report this matter as it is an inter se dispute, and therefore, complainant did not lodge any report at that time of the incident. Thereafter on 3/3/1991 Lakhan and Preetam told his brother Balli that they will take revenge from Pooranlal. When Balli informed about this to complainant Pooranlal, then Pooranlal along with his brother Balli went to police Chowki Hazira and lodged the report.

(3.) After lodging the report complainant Pooranlal was returning to his house then near Pragati Nagar Bakery Rakesh and Bhanu met him and they informed that accused Preetam has fired gunshot on his brother Nandu and accused Preetam, Lakhan, Jagdish and Teekaram pelted Khande (large piece of stones) on him and he was lying in injured condition in front of house of Laxman Kori. On this, complainant went in front of house of Laxman Kori and found that his brother Nandu was lying in injured condition and blood was oozing out from his head. Raju present on the spot informed him at the spot that Preetam, Lakhan, Jagdish and Teekaram trespassed in the house and were beating Nandu and when Nandu tried to run away to save him, they chased him, fired gunshot and pelted Khande (large piece of stones) on him. Thereafter with the help of Raju and Ramesh he took injured Nandu to police Chowki Hazira by scooter. The incident was witnessed by his neighbourers and persons of the locality. On the basis of the report of the complainant, crime No.59/1991 was registered at police Chowki, Hazira for the offence under Ss. 307/34 and 542 of IPC. Thereafter matter was forwarded to police Station Gwalior where crime No.123/1991 was registered for the aforesaid offences. The injured Nandkishore afterwards succumbed to the injuries sustained by him.