GOVINDA Vs. STATE OF M P

JUDGEMENT

(1.) IN this appeal filed under Section 374 of the Code of Criminal Procedure, appellants have challenged the judgment of their conviction under Sections 302/34, 325/34 and 323 of IPC for life imprisonment, three years' R. I. and six months' R. I. respectively passed by Sessions Judge, Guna in Sessions Trial No. 207/91 for committing the murder of one Bhagchand and causing injuries to Hariram and Suraj.

(2.) FACTS giving rise to this appeal as per prosecution story are that accused persons and the complainant belong to Dhimar community and reside in "navin" Colony situated at Bajrangarh near "20 Bhuji Mataji". Said colony has been established for rehabilitating the sufferers of submergence due to construction of Gopi Krishna Sagar Dam. The incident took place two days after "holi". At about 4 PM, people were going to house to house in "navin" Colony for breaking "dauji". "dauji" is a custom which is celebrated in the said community after "holi" festival. At this occasion villagers used to prepare idol of Lord Ganesha by cow dung in front of their house and after playing "holi" they used to assemble and visit each and every house together and break that idol. This practise is known as breaking "dauji". The occupants of the house of which "dauji" is broken receive the people who arc coming for breaking "dauji" and distribute them raw sugar " (Gud" ). On the date of incident, i. e. , on 2-3-91, on the occasion of "holi", residents of Village Navin Colony were going every house for breaking "dauji". Hariram (P. W. 1) and his son Dhanesh (P. W. 8) were standing at some distance from the house of appellant Govinda. Villagers came to the house of appellant Govinda and broke the "dauji" and thereafter they went to the house of Khushal and thereafter when they were going to the house of Haiku Dhimar, in the way they found a Public tap near the house of Govinda. Hariram was about to drink water from that tap, but appellant Govinda came with a "lathi" and refrained Hariram from drinking water. Hariram protested and said that he will drink water. Mutual abuses were hurled and then Ramesh Dhimar, Nannu Dhimar and Kamlu also came there. Nannu caught hold of Hariram and Kamlu Dhimar, Ramesh Dhimar and Govinda beat him by Lathi. Dhanesh (P. W. 8), seeing his father getting beaten, rushed to his house to inform. In the way he met his brother Suraj to whom he informed about the incident and thereafter Suraj rushed to save his father. Bhagchand also came there. Suraj and Bhagchand were also beaten. When Komal rushed to save Bhagchand, he was also beaten. Bhagchand and Suraj became unconscious and fell on spot. Bhagchand and Suraj were taken to hospital in a "tonga". In District Hospital Guna, doctors referred Bhagchand to Gwalior Hospital. While he was being taken to Gwalior Hospital, in the way he succumbed to his injuries (hereinafter referred to as "deceased" only ). FIR of the incident was lodged by Hariram (P. W. 1) vide Ex. P-1. Panchayatnama Lash was prepared on 3-3-91 and the body of the deceased was referred to post-mortem which was performed on the same day at 11 AM. Matter was investigated and charge-sheet was filed.

(3.) DURING trial, appellants abjured their guilt. Their defence was that they have been implicated falsely. Prosecution examined as many as twenty witnesses and in defence three witnesses were examined. Trial Court after considering the evidence on record found that FIR was lodged only against present appellants and subsequently improvements were made and other accused persons were implicated. Therefore, though initially charge-sheet was filed against sixteen accused persons, while one was tried by Juvenile Court, the Trial Court acquitted eleven accused persons and convicted the present four appellants against which appellants have preferred this appeal.