RAJENDRA TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellants have been convicted for offence punishable under Section 302 and 302 r/w. Sec. 34 of the IPC for having intentionally cased the death of Gendalal and Narayan in furtherance of their common intention and have been sentenced on each of the above counts to life imprisonment and to pay fine Rs. 2000/- and in default to undergo R.I. for 2 years, in S.T. No. 25 of 1992, impugned judgment dated 6-10-1994. Appellants feeling aggrieved by the said conviction as sentence imposed on them, have filed the present appeal.

(2.) The prosecution case stated in brief is that, Khasra No. 33/4 and khasra 33/5, area 3 acres is an agricultural land at village Dungaria, Known as 'Tagrawala Khet' (which hereinafter will be called 'disputed land' for convenience). Chunnilal was the Bhumi-Swami of the said disputed land and his son Shivji received the same in his share in partition by way of family settlement and his name was also mutated thereon. Shivji had sold the disputed land by registered sale deed to Satyendra Kumar and Indra Kumar, who are the sons of Narayan, alias, Ram Narayan and Gendalal, whereafter their names were also recorded in the record of rights. Since, the said purchasers Satyendra Kumar and Indra Kumar were minors, the agricultural operations on the disputed land used to be carried on by the deceased Narayan and Gendalal. Even prior to the purchase, the deceased used to cultivate the disputed land as sub-tenants.

(3.) According to the prosecution, most of the disputed agricultural land was sown in the year 1991 by Gendalal and Narayan, 4-5 days prior to the incident. On 26-10-1991, i.e., the date of incident at about 4.30 p.m. the accused/appellants Rajendra Tiwari, Narendra Prasad Tiwari and Vishwanath went to the agricultural land along with Chunnilal (P.W. 4) to plough the said land. Appellant No. 1 Rajendra Tiwari was armed with a 315 rifle and cane, appellant No. 2 Narendra was armed with a 12 bore gun, while appellant No. 3 Bhura, alias, Vishwanath was armed with a 'lathi'. Deceased Gendalal, Narayan and Indra Kumar (P.W. 5) came on the spot and protested ploughing of field by the appellants. However, the accused/appellants were not prepared to listen to the protests and wanted the cultivating operation to continue. However, when deceased Gendalal and Narayan continued to protest and came in front of the plough, the accused/appellant No. 1 Rajendra Tiwari who had a 315 rifle with him, fired on the deceased Gendalal and Narayan, who sustained injuries. Gendalal and Narayan died on the spot. The accused/appellant Narendra also fired his 12 bors gun at the time of incident. Indra Kumar (P.W. 5) ran towards the deceased Narayan and Gendalal to intervene, upon which accused/appellant No. 3 Vishwanath, alias Bhura assaulted him with 'lathi' , on account of which he received injuries on his hand.