NATHU & ORS Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 23.09.1994 passed in Sessions Trial No.184/1992. The trial Court held the appellants guilty for commission of offence punishable under Sections 148 , 323 / 149 , 325 / 149 and 302 / 149 of Indian Penal Code and awarded RI two years, RI six months, RI two years and life imprisonment respectively to each appellant.

(2.) Initially, ten accused persons had filed the appeal. During pendency of the appeal, appellant No.3 Chhatar Singh, appellant No.4 Moti, appellant No.7 Bhura and appellant No.9 Kallu have died. Their names were deleted by this Court from the array of the appeal. Present appeal is on behalf of remaining six accused persons.

(3.) Prosecution story in brief is that there was a nala (rivulet) in the village Arrai Raisingh. Complainant Veer Singh and his brother Naval Singh had been taking water from the nala by installing an electric motor pump for the purpose of irrigating their field. Accused persons Narayan Singh, Chatura and Nathuram had blocked the flow of water by constructing a temporary bandh (dike). Due to the aforesaid act, the flow of water was stopped. Complainant Veer Singh asked his bataidar (sharemen) Pappu and Takhat Singh to make a request that there was no proper flow of water in the nala due to construction of bandh. The request was not accepted by the accused persons. Hence, Pappu and Takhat Singh had gone to break the bandh, at that time, Narayan Singh shouted that the bandh had been broken and the other accused persons came there. Accused Nathuram and Ratan Singh were armed with axe, Suraj Singh and Narayan were armed with farsa, rest of the accused persons were armed with sticks and dandas. Thereafter, they started beating Veer Singh and Naval Singh. On hearing cry, Mohan Singh came there. He was also beaten by the accused persons and he died on the spot. Report of the incident was lodged at the police station. Police conducted investigation and filed the charge-sheet. After trial, the trial Court held the appellants guilty for commission of offence and awarded punishment as mentioned above in the judgment.