CHIRONJILAL UPADHYAYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred this criminal appeal under Section 374 (2) of the Cr.P.C. assailing the impugned judgment of conviction and order of sentence dated 21.07.2004 passed by the Special Judge, Raisen under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'Act') in Special Case No.140/2001 State of M.P. through Police Station Raisen Vs. Chironjilal and others, whereby they Cr.A. No.1243/2004 stand convicted under Section 325 r/w 34 of the IPC and sentenced thereunder each to suffer R.I. for a term of one year with a fine of Rs.500/- with default jail sentence.

(2.) It is pertinent to mention here that appellant Tulsiram had passed away during the pendency of the appeal. Hence, this appeal insofar as relates to him stands abated.

(3.) The prosecution case as unfolded at the trial is in brief thus: complainant Babulal (PW-1) is a resident of village Tapra Kudwai; he belongs to Scheduled Tribe community Bediya; he is farmer by occupation and he owns a 'Khet' (agriculture land) there. At the relevant time, he had sowed the crops namely, Jawar and Tuar in the land. On 31.08.2001 at about 10.00 p.m. he and his wife Kalabai (PW-5) heard at his residence a noise of tractor- engine coming from the land. Thereupon, he and his wife went to the land and saw there Deendayal (acquitted accused) was ploughing the land by means of a tractor and Tulsiram (deceased appellant) with a 'Katarna' (a sharp edged weapon which is ordinarily used for cutting long grasses), appellant Gendalal with a 'Danda' (stick) and appellant Chironjilal without any weapon were standing. He asked appellant Chironjilal as to why the land was being ploughed by them as the land is in his possession. He hurled filthy abuses at him and exhorted Tulsiram and appellant Gendalal to kill him. Thereupon, Tulsiram inflicted blows of Katarna on the back of his head, left shoulder and neck with intention to kill him. Appellant Gendalal gave blows of Danda upon his left and right hand, waist, wrist of right hand and left knee. Seeing that, his wife Kalabai came to his rescue. Thereupon, Tulsiram caused injuries on her left thigh and left knee by throwing Katarna at her. At the time of incident, Chhotelal (PW-2) was grazing his domestic animals in his field Cr.A. No.1243/2004 nearby the land. He witnessed the entire incident and rescued them. On 01.09.2001 at about 10.30 a.m. the complainant lodged the oral FIR at Police Station Raisen. Whereupon, the S.H.O., T.R. Pateriya (not examined) reduced the FIR (not exhibited) into the writing and he registered a case at Crime No. 300/01 under Sections 307, 294, 334, 323 of the IPC and 3 (1) (10) of the Act against appellant Gendalal, Chironjilal and Tulsiram. The complainant and his wife Kalabai were sent by him for medico- legal examination. Dr. S.S. Kushwah (PW-6) had examined them medico-legally and gave injury reports of the complainant and his wife Ex.P-8 and P-9 respectively. He also took the X-ray of the complainant's 8th rib of left side and forearm of the left hand wherein he found fractures. In this connection, he gave X-ray report Ex.P-10. S.R. Mukte (not examined), the then Sub Divisional Police Officer, Raisen, investigated the case. As per the record, in the course of investigation, he recorded the case diary statements of the prosecution witnesses, arrested the accused persons, prepared the spot map and seized various articles at the instance of the accused persons. Upon completion of investigation, the charge-sheet was filed against the aforesaid persons and also Deendayal for the offences punishable under Sections 307, 294, 323 of the IPC and 3 (1) (10) of the Act in the trial Court.