LAWS(MPH)-2018-5-160

SUBHASH AND ORS. Vs. STATE OF M.P.

Decided On May 01, 2018
Subhash And Ors. Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This criminal appeal has been filed under section 374 of Cr.P.C., 1973 against the judgment dated 20.2.2004 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, Guna in S.T.No.78/1993 by which the appellants have been convicted and sentenced as under:-

(2.) The necessary facts for the disposal of the present appeal in short are that on 21.11.1992 the appellants formed an unlawful assembly and in furtherance of common object and with an intention to kill the injured Ram Prasad (PW-1), Madan Lal (PW-3) and Prem (PW-12) so as to forcibly take possession of the land belonging to the injured persons, fired gunshot causing injury to Ram Prasad, Madan and Prem. The appellant No.1 Subhash and appellant No.4 Ramkishan do belong to Scheduled Caste or Scheduled Tribe whereas the remaining appellants belong to Scheduled Caste or Scheduled Tribe. The co-accused Kajod died during the pendency of the trial and accordingly, the trial proceeding was dropped against him, whereas the co-accused Amra is still absconding from 21.11.1992.

(3.) The injured Ram Prasad (PW-1) lodged a report on the allegation that he along with co-injured Madan Lal and Prem were getting their land cultivated with the help of tractor belonging to one Om Prakash and at that time, the appellants and other co-accused persons came on the spot and all of them were armed with lathi and Farsa. The appellant No.1 Subhash was having 12 bore gun. They stopped the complainant and the injured persons from cultivating the land which was allotted to them by the Government and was in their possession and started assaulting them. Appellant No.1 Subhash fired gunshot from his 12 bore gun, as a result of which the injured Ram Prasad, Prem and Madan Lal sustained injuries. On the complaint of the informant Ram Prasad, the police registered the FIR in Crime No.208/1992 for offence under Sections 307, 147, 148, 149 of IPC and the injured Prem, Madan Lal and Ram Prasad were sent for medical treatment. During investigation the medical documents of the injured Prem, Madan Lal and Ram Prasad were seized. Similarly, the discharge tickets of the accused Gajanand and Soma were seized. The x-ray report as well as the x-ray plates of the injured Madan Lal, Prem and Ram Prasad were seized. The appellants No.1 Subhash, No.2 Soma and No.3 Gajanand and co-accused Kajod were arrested. The spot map was prepared. The revenue records pertaining to the agricultural lands were seized. Thereafter, the remaining accused persons were arrested and after concluding the investigation, the police filed the charge sheet for offence under Sections 147, 148, 149, 447, 307 of IPC, under Section 25/27 of Arms Act and under Sections 3(1)(iv) and 3(1)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act.