GANJA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment of conviction and sentence passed by learned Third Additional Sessions Judge, khargone, District West Nimad in Sessions Trial No. 337/01, dated 8th March, 2002 thereby convicting and sentencing the appellants as mentioned here in below:- <FRM>JUDGEMENT_143_MPHT3_2007Html1.htm</FRM>

(2.) ACCORDING to the prosecution case, 6n 5-6-2001, in the noon at 12 o'clock in Village Badiya, complainant party, appellants and members of their party assembled in a Village Panchayat for resolving the dispute which arose amongst children of members of both the parties on account of fishing in the tank. Appellants and complainant party were not having any kind of previous enmity. In the Panchayat Jalu (P. W. 4) made suggestion that complainant party shall pay Rs. 150/- to the accused party oh which accused party did not agree and demanded Rs. 300/- for settling the dispute. The complainant party told that dispute was amongst the children. Therefore, they would not pay Rs. 300/- and both parties were making their proposal during which appellants all of a sudden with acquitted co-accused persons started pelting stones at the complainant party and appellant No. 1 Ganja shot an arrow which pierced at the right side of the chest of deceased Hagariya. Appellant No. 3 Bhayla also shot arrow which caused injury to Kishan (P. W. 6) on his right leg. Appellant No. 2 Satriya shot arrow causing injury on left shoulder of Soorsingh alias Suresh (P. W. 7 ). Bhoorsingh (P. W. 9) also sustained injury by stone pelted by appellant Bhayla. The deceased took out arrow from his chest, thereafter, injured persons were taken to the hospital, but on the way Hagriya died. Incident was reported by laxman (P. W. 3) in the Police Station, which was recorded by B. S. Sisodiya vide exh. P-9. Dr. R. Suliya (P. W. 2) conducted post-mortem on the bqdy of deceased Hagriya. Post-mortem report is Exh. P-9. Injured Kishan (P. W. 6), soorsingh alias Suresh (P. W. 7) and Bhoorsingh (P. W. 9) were also medically examined by Dr. R. Suliya (P. W. 2) and he found simple injuries on the persons of all the 3 witnesses. In all 11 persons were arrested and from their possession bows and arrows were said to have been seized. After completion of investigation accused persons were charge-sheeted for commission of offence under Sections 148, 302/149, 323/149, 324/149. Accused persons refuted the charges and in alternative they have submitted that complainant party started shooting arrow and they have been falsely implicated. They have not examined any witness in defence. Learned Trial Court while acquitting the 8 accused persons convicted the appellants as mentioned hereinabove.

(3.) THE learned Counsel for the appellants has canvassed only point for consideration that incident occurred all of a sudden when Panchayat was going on and both the parties were sitting to resolve the dispute of quarrel between j children of both the parties, who on earlier day had entered into quarrel at the tank while fishing, therefore, the appellants were not having common intention to commit murder of Hagriya and appellants would be responsible for their individual act. Learned Counsel has also submitted that against appellant Ganja, who caused only injury to deceased Hagriya by arrow shot, at the most offence under Section 304 Part I of the IPC would be made out because in a sudden incident without pre-meditation he shot one arrow, which pierced at the chest of the deceased resulting into his death.