KUMERSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants named above being dissatisfied by the judgment dated 4-8-2003 rendered by the learned Special Judge, Shajapur in Special Criminal Case No. 233/2002 thereby they have been convicted and sentenced as under :- <FRM>JUDGEMENT_1349_CRLJ_2007Html1.htm</FRM> All the substantive sentences are directed to run concurrently.

(2.) Here it would be pertinent to mention that in all 33 accused persons were prosecuted and tried for the aforesaid offences, but out of 33 accused persons 26 have been convicted and sentenced and they have preferred this appeal.

(3.) Tersely, the facts of the prosecution case as unfolded before the trial Court are that in the year 2002, the State Government had given some lands in village Latahedi, situated by the side of the bank of river, to the members of scheduled caste, on Patta and possession thereof also was given to them. The respective Patta-holders of the lands sown crops on the said lands. The residents of that village belonging to Brahmin, Yadav and Rathore communities were displeased on account of allotment of the said lands to the members of the scheduled caste, because their way to take their cattle to the river for water and the way to cremation ground was obstructed. The administrative officers attempted to pacify, but that exercise proved to be futile. On 12-8-2003 in the head-man-ship of Sarpanch Kumersingh, the residents of the village 30-32 in number, armed with guns and lathis along with their cattle went to the lands so alloted on Patta at 9.00 a.m. and got the sown crop destroyed by the cattle. At 10.00 a.m. some people went to the houses of the Patta Holders and first of all dragged out one Ghisalal from his house and asaulted him by lathi. When his son Arjun and wife Leelabai came to his rescue they too were assaulted. Thereafter, they went to the house of Bhagirath and damaged his house. There they also assaulted the daughter-in-law of Bhagirath named Antarbai. Thereafter they went to the house of Amarsingh and assaulted his wife Bulibai and daughter -in-law Leelabai and damaged the roof tiles of his house. They also assaulted Ganpat, his wife Bhagwatibai, Kalabai w/o Banesingh, Mangilal, Gokulbai, Suganbai and also damaged their houses. Arjun went to the Police Station Talen and lodged the report Ex. P/1 whereupon Police registered Cr. No. 139/2002 under Sections 307, 147, 148, 294, 452 and 3(2)(v) of the SC & ST (Prevention of Atrocities) Act against the accused persons. While taking Ghisalal to the Hospital, he succumbed to the injuries whereupon MURG No. 18/02 was registered at P. S. Rajgarh and after preparing the Inquest report by police, Dr. R. C. Bansiwal conducted postmortem and its report Ex. P/23.