RAI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have challenged their conviction u/s. 307 of the IPC and sentence of R. I. for three years with fine of Rs. 500/- and one year R. I. u/s. 342 of the IPC, in default of payment fine, additional R. I. for three months, passed by Sessions Judge, dewas in Sessions Trial No. 46/97, judgment dated 13-1-1999.

(2.) THE prosecution case in brief as unfolded before the Trial Court is that on 12-11-1996 in the evening at 6. 15 a. m. in village Ohalya/pipaliya complainant Makhan and his father Tolaram were in the field, at that time the appellants-Raisingh, Vikram and deceased-Nanuram reached over there. Raisingh and Vikram were having sword whereas Nanuram had lathi. They started abusing Tolaram and while saying to kill tolaram, Raisingh and Vikram by sword and nanuram by lathi assaulted him. When makhan reached to save them, he too was assaulted by Vikram and Raisingh by sword. Wife of Tolaram, named Kasturibai was also assaulted by accused persons when she tried to save Tolaram. Because of loud outcry by Makhanlal on the spot, the appellants/accused persons fled away from the spot. There was dispute between both the parties regarding collection and stopping of water in the field. From the spot, injured makhan and Tolaram were taken in bullock-cart to District Hospital, Dewas, where makhan lodged Dehati Nalishi to head Constable Hunnain Khan of police station, b. N. P. Dewas. On the basis of this report in the police station on 12-11-1996, crime was registered for offence u/ss. 307, 323 read with 34 of the IPC. Dr. Sanjay Sharma (P. W. 9)medically examined Kasturibai, Tolaram and Makhan. Because of serious condition of Tolaram, he was referred to M. Y. Hospital, indore. He remained hospitalized from 12-11-1996 to 8-12-1996. The police prepared spot map and also arrested the accused persons. From the possession of deceased/accused Nanuram lathi and from vikram and Raisingh sword were seized. The seized articles were sent for examination to fsl, Indore and its report is Exhibit-P/36. On completion of investigation, accused persons were charge-sheeted for the above-mentioned offences.

(3.) THE appellants denied the charges and submitted that Tolaram, Makhan and others had entered in their field with bullockcart and assaulted Nanuram and also to the appellants-Raisingh and Vikram when they tried to rescue the Nanuram. They had also lodged the report in the same police station.