ARJUN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal under Section 374 of the Code of Criminal Procedure, appellant Arjun son of Mohan challenges his conviction and sentence of imprisonment for life and fine of Rs. 1,000.00 and, in default, rigorous imprisonment for six months under Section 302 of IPC and rigorous imprisonment for six months under Section 323 of IPC - directing the aforesaid sentences to run concurrently; while appellant Dhanni alias Dhaniram son of Mohan, challenges his conviction and sentence of rigorous imprisonment for six months under Section 323 of IPC, awarded in Sessions Trial No. 20 of 1986, arising out of Chhatarpur Sessions Division, and decided on 25-10-1989.

(2.) Undisputed facts are that Suresh (P.W. 8) is the nephew of None (P.W. 1). Deceased Choude was the grand-father of Suresh. Ghanshyam is the paternal Baba of Suresh. Mohan is the uncle (Kaka) of None. Accused-appellant and deceased Choude and None are adjacent cultivators of village Sukwan and the incident had taken place on 30-7-1985. The bullocks of complainant None had trespassed into the field of Arjun. In the incident, the accused persons, i.e. Arjun and Dhanni, had also received injuries, while Choude son of Parichchat had died. Besides the aforesaid undisputed facts, the prosecution case, in short, is that, on the day of incident, i.e. 30-7-1985, at about 4.30 in the evening, None was grazing his bullocks in Jhinna-Haar - when the accused Arjun and Parmanand came near him and threatened him. None then went home and, after tying his bullock, as soon as he came out, he found accused Arjun armed with a Farsa and accused Dhanni armed with a Lakdi standing outside and abusing him. Accused Dhanni dealt a Lakdi blow on None and Arjun also came to assault None with a Farsa and, thereupon, in his defence, None struck Dhanni with a Lakdi and, at that very time, Arjun dealt a Farsa blow to None on his left wrist - which started bleeding and, while running away, Arjun dealt two or three Lathi blows to None. None ran and hid himself in the house of Mathura Kurmi -after locking the doors from inside. At that very time, accused Arjun and Dhanni started assaulting Choude father of None, with Farsa and Lathi. None did not go near his father on account of fright, but a number of villagers had collected there. None's nephew Suresh was also there and Suresh had come to inform None that Arjun had dealt Farsa blows on the neck of his grand-father and there was much bleeding on account of which Choude may die. Upon this information given by Suresh, None came out of the house of Mathura and immediately ran to the police station Nowgaon - where he lodged the F.I.R. at 6.30 P.M. and, upon this report (Ex.P-1), an offence under Section 307, read with Section 34 of I.P.C. was registered at Crime No. 76/85. While the injured Choude was being taken in a bullock-cart to Nowgaon, on the way, they met the Thana-Prabhari Shanoo Ali, who took action to send Choude to the hospital for medical examination. While Choude was being taken to Primary Health Center, Nowgaon, he expired on the way, and, on the basis of information (Ex. P-7) given by Constable Ghanshyam, the offence was converted into one under Section 302/34 of IPC. Inquest was held and inquest-memo (Ex.P-2) was recorded and, thereafter, the dead body of Choude son of Parichchat Kurmi, aged about 65 years, was sent for post-mortem examination. Autopsy on the dead body of Choude was performed by Dr. R. K. Khare (P.W. 10) on 31-7-1985. and he found the following external injuries over his body :-

(3.) Both the accused-appellants had pleaded not guilty to the charges levelled against them by the trial Court. The defence of the accused persons was that their field and the field of the complainant were close to each other and when Arjun was grazing his bullocks, the bullocks of None had strayed into the field of Arjun. According to the defence, complainant None and his father Choude had caused injuries to Dhanni with Lathi and Farsa and None had also assaulted Arjun with Lathi - causing injuries to them. The hand of Dhanni had been broken - as a result of injuries caused to him. Dr. J. P. Tiwari, who had examined the injuries of Dhaniram and Arjun, had been examined as a defence witness.