SAGAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 12-1-1988 of Ist Addl. Sessions Judge, Mandsaur passed in S.T. No. 72/82 whereby the accused-appellants have been convicted under Sections 147, 436 r/w 149, 323 r/w Section 149 of I.P.C., and sentenced to RI for 6 months, 4 years and 3 months each with a direction of running of sentences concurrently.

(2.) The brief history of the case is that there was a long dispute between Balu Singh on the one hand and Sagar Singh on the other. It appears the police was apprehensive of breach of peace. As such, some police officers were deputed in village Mundedi. It is alleged that on 8-10-81 at about 10 p.m. of the accused-appellants including three other persons i.e. Ranvir Singh, Dashrath Singh and Kalu Singh had assembled in front of the house of Balu Singh. They abused him. Balu Singh's son Bhanwar Singh and his daughter Shivkumari were in the house. Balu Singh came from Mundedi Bazar. Accused Sagar Singh exhorted his associates to assault Balu Singh and Bhanwar Singh. Balu Singh, Bhanwar Singh and Shivkumari apprehending the danger entered their house and that too in a room, and bolted the door from inside. Accused persons tried to break open the door and not being successful in getting the door open they bolted the door from out-side and locked it.

(3.) Vijaykumari wife of Balu Singh prayed for mercy but accused No. 4 Rajendra Singh, accused No. 5 Jujhar Singh, accused No. 9 Pappu and accused No. 3 Ishar Singh assaulted her caused injuries by knife, lathi and stones. She sustained injuries in the right ankle both thighs, cheek, chest and left arm. Khushal Singh, other son of Balu Singh and Guddi other daughter of Balu Singh also beseeched for mercy but they were also assaulted. Meanwhile, some of the accused-persons climbed on the roof made hole by removing 'tiles and thereafter they peltled stones inside the room where Balu Singh Bhan war Singh and Shivkumari had taken shelter. Shivkumari sustained injuries on neck, leg and abdomen. Thereafter all the accused persons shouted for setting the house to fire so that the inmates inside the house burn alive. The accused persons brought bundles of dry grass set it to fire and put them on the rafter and the part of it was thrown inside the room, As such the rafter and the clothes were burnt. Balu Singh, Bhanwar Singh and Shivkumari escaped from a hole created between the two rafter frame. They tried to extinguish the fire. It is further alleged that apprehending danger Prajapal Singh other son of Balu Singh had gone to Out-post Pipliay and reported the matter at 2.35 p.m. Some police persons were sent. Sub-Inspector Babu Singh Chouhan opened the lock of the room before the Panchas and prepared Panchnama with the estimate of loss caused by fire. After investigation challan against 12 persons was filed which was committed to the Court of Session in due course.