DHANNU @ DHANIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these appeals have been filed against the common judgment dated 23.03.1995 passed in Sessions Trial No.39/1987 by the Court of Addl. Sessions Judge, Narsinghpur. The trial Court convicted the appellant Dhannu for commission of offence under Sections 302 and 323 of IPC and awarded sentence of Life in the first count, while RI four months in the last count. Appellant Shivkumar, has been convicted for commission of offence under Sections 326 and 323 of IPC and awarded sentence of RI two years in the first count and RI four months in the last count.

(2.) Prosecution story in brief is that, on the date of incident i.e. on 30.04.1986, at around 6 O'clock in the evening, calf of Gopal S/o Rewati entered in the courtyard of Dhaniram. Both houses are adjacent to each other. Son of Dhaniram had beaten the calf. Thereafter, there was a quarrel between them. Dhaniram was armed with axe, Shivkumar and Shivdayal were armed with lathis, had beaten the deceased and their family members. In the incident, both the appellants i.e. Dhaniram and Shivkumar received injuries. Subsequently, Rewati Prasad was died. The appellants including 12 other persons were prosecuted for commission of offence punishable under Sections 302, 147 and 149 of IPC. Son of the deceased Rewati, Gopal was also prosecuted for commission of offence punishable under Section 326 of IPC. The trial Court by the impugned judgment has held that there was a sudden quarrel and fight between both the parties. On the aforesaid findings, the trial Court convicted the appellants as mentioned above.

(3.) Learned counsel for the appellants has submitted that the trial Court has committed an error in convicting the appellants because the complainant party was aggressor and the appellants used their right to private defence. It is further submitted that even if the prosecution evidence be accepted as it is, then the offence committed by the appellant Dhaniram would fall under Section 304 Part-I of IPC and the offence committed by another appellant Shivkumar, would fall under Sections 323 and 326 of IPC.