PEJA PEJASINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two appeals have arisen out of Sessions Trial No. 56 of 84. Accused- appellants of both the appeals have been convicted and sentenced by the learned Sessions Judge, Datia, on 31.7.1989, under Sections 304 (Part I) read with Section 149 IPC, for a term of 10 years, under Section 147 IPC for a term of 1 year, under Section 323 IPC read with section 149 for a term of one year. All the sentences have been directed to run concurrently.

(2.) Briefly narrated, the prosecution case is thaton 17.9.1984, at about 10.00 a.m., Pahlu alias Pahalwan was busy in his field and his brother Gaya Prasad (now deceased) and Banmali (P.W. 10) were also there. Prakash, Bhagirath, Bhagiraths mother Smt. Rajpati were cutting grass and he was taking Chara from Jawar field. His son Badam was weeding Jawar. Accused persons Pejsingh, Deosingh, Vijaysingh, Kamta, Dhanaram, Pulchand and Kalicharan stopped his son from weeding the Jawar. Accused Deosingh had Kholuwa, Vijaysingh too had Kholuwa, Kamta had Luhangi and rest of the accused persons had lathis with them. They formed an unlawful assembly. They claimed Rasta from that field and said as to why Jawar was sown there. Pehlwansingh claimed that it was his field and not a Rasta. He will not permit anybody to pass through it. All the accused persons thereafter forming an unlawful assembly started attacking Gayaprasad with their arms, causing injuries on his head and back, as a result of which Gayaprasad fell down and became unconscious. His son as well as Banmali, Prakash, Bhagirath and Smt. Rajpati rushed to save him. Accused Fulchand and Kamta attacked them and caused injuries. Gaya Prasad was taken to Hospital. F.I.R. Ex. P 18 was lodged by Pahalwan singh (P.W.3), which was prepared by HeadConstable Kaluram (P.W. 8), who sent injured persons Gayaprasad, Pahalwan, Prakash, Banmali, Smt. Rajpati, Bhagirath for medical examination through Constable Habib Khan after preparing Memos Ex. P 3, P 8, P 10, P 12, P 14 and P 16. In the Hospital Dr. Han Mohan Dixit (P.W. 2) examined the injured persons, vide his report Ex. P 4. He found the following injuries on the person of Gayaprasad:

(3.) Accused persons denied the charges. Accused appellant Pejsingh claimed that he had a dispute with Rajaram Patel. He got him removed from Patdi. He had also opposed his son in Panchayat elections and hence he bore enmity. Gaya Prasad and others were beaten by the personnel of Ghansa Gang, but a report was got lodged against him and other accused persons by Rajaram. When personnel of Ghansa Gang committed marpit, Bhagwansingh and Badamsingh were present. Similar plea has been taken by accused-appellants Devsingh, Kalicharan, Dhana Ram, Foolchand, Vijaysingh and Kamatprasad.