GOKUL PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE above appeals have been filed by the accused as also the State against the judgment dated 23-7-1996 passed by the learned Sessions judge, Shajapur in Session Trial No. 66/ 1993 whereby the learned Sessions Judge has convicted accused Gokul Prasad under section 324/34 of the Indian Penal Code and sentenced him to rigorous imprisonment for 3 years and fine of Rs. 5,000/-; in default of payment of fine to further simple imprisonment for 6 months. Gokul Prasad has also been convicted under Section 323 of the IPC and sentenced to rigorous imprisonment for 6 months. Appellants Sanjay and Rajesh have also been convicted under Section 324/ 34, of the IPC and while Sanjay has been awarded the sentence of rigorous imprisonment for I year and Rs. 1,000/- fine; in default of payment of fine simple imprisonment for 3 months, Rajesh has been released on probation. Criminal Appeal No. 912/1996 has been filed by the State under Section 377 of the Criminal Procedure Code read with Section 11 of the Probation of Offenders Act, 1958 against the grant of probation to Rajesh and Criminal Appeal No. 913/ 1996 against the acquittal of respondents under Section 307 read with Section 34 of the Indian Penal Code and in alternative under Section 326 of the Indian Penal Code. The accused have also challenged their conviction in Criminal Appeal No. 683/1996. Since all these appeals arise out of the same judgment, the appeals are being disposed of by this common judgment.

(2.) ACCORDING to the prosecution, there was dispute between the parties with regard to the purchase of land by Anandilal from one Manohar for consideration of Rs. 70,000/ -. It was alleged that Gokul was claiming that it was his land and, therefore, sale by Manohar was illegal and nullity. The prosecution further states that on 30-12-1992 while Anandilal (P. W. 5), Omprakash (P. W. 4), Setab Singh (P. W. 6), Siyaram (P. W. 8) and Rajendra Prasad (P. W. 10) were sitting on their "otla", the accused persons approached armed with weapons, such as sword and dagger. All the accused persons then caught hold of the neck of Anandilal and when Omprakash (P. W. 4) tried to intervene, accused Gokul Prasad stabbed him in his abdomen by means of knife with which he was armed. Rajendra Prasad (P. W. 10)also tried to save Omprakash, but he was assaulted by Sanjay and accused Rajesh assaulted Anandilal (P. W. 5) and Setab Singh (P. W, 6) with knife. Omprakash fell down unconscious and Rajendra Prasad also sustained very severe injuries while Setab Singh received a stab wound in his abdomen. Gokul Prasad and his son were shouting that, the complainant side be not let off alive. On hearing commotion, Shivnarayan (P. W. 3) also arrived who saw Rajendra Prasad (P. W. 10), Omprakash (P. W. 4), Setab Singh (P. W. 6) and Anandilal (P. W. 5) in injured condition while accused persons fled away with their weapons knife, sword and dagger. Shivnarayan (P. W. 3) then arranged a tractor and took injured to Police Station, salsalai where Anandilal (P. W. 5) lodged report Ex. P/8. On the basis of the report, crime was registered and the injured were sent to the Hospital, Shajapur where Dr. Maina (P. W. 1) examined their injuries and gave report. Omprakash and Setab Singh in view of their injuries were referred to M. Y. Hospital, Indore where they were under treatment for a long time.

(3.) DURING investigation, Investigating officer M. M. Choudhary (P. W. 11) inspected the spot on 31-10-1992. He also recorded the statement of the witnesses who were acquainted with the facts of the case and arrested the accused persons. Accused gokul Prasad had also lodged report Ex. P/ 24 which was recorded in the Roz-namcha stating that the complainant side had belaboured them. Requisition Ex. P/25, P/ 26 and P/27 for their medical examination were sent and their injuries were examined of which report was sent, but not exhibited by the prosecution. On information having been given by the accused persons as recorded in ex. P/5 and Ex. P/7 under Section 27 of the Evidence Act vide Ex. P/12, a dagger was seized at the instance of Rajesh, and vide Ex. P. 13, a knife was seized from gokul Prasad. As per Ex. P/9 sheath of the dagger was seized as also beads of necklace. The remaining part of the necklace containing similar beads were found in the house of Gokul, which was seized vide memo Ex. P/10.