HARBHAJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the 3 accused/appellants stand convicted by the trial Court under Ss.323/34, 324/34, 326/34 and 333/34, I.P.C. Each of them has been sentenced to six months' R.I. u/s. 323/34, I.P.C., to one year's R.I. under S.324/34; to three years' R.I. with a fine of Rs. 500/- each (and three months' imprisonment in default) u/s. 326/34, I.P.C., and three years' R.I. with a fine of Rs. 500/- each (three months' imprisonment in default of payment of fine u/s. 333/34, I.P.C. An amount of Rs. 1500/- has been directed to be paid by way of compensation to the injured Tejsingh, in the event of fine being realised. The sentences have been directed to run concurrently.

(2.) The prosecution case is that Tejsingh (P.W. 4) was posted as Manager of Government Agriculture Farm at village Gajora of Tehsil Pichhore. There is a canal, passing through the Government Farm, which irrigates the Government Farm. On the southern side the fields of the accused/persons are situated. On 17-3-1984, at about 3 a.m. a labourer Kashiram informed Tejsingh, the Farm Manager, that accused persons have cut a by-pass in the canal and thereby they are taking water to their fields. A little later Tejsingh set out on an inspection round. He reached at plot No. 36 of the Government Farm. He found that accused Malkhan was taking water by cutting a by-pass from the channel running over plot No. 38. He asked the accused Malkhan not to do so. Just at that time, the other two accused Hardayal and Harbhajan also arrived there. Accused Harbhajan had a gun with him while accused Malkhan and Hardayal had spades in their hands. Accused Harbhajan exhorted the other two accused to beat Tejsingh. Accused Harbhajan himself dealt a blow by the buttend of the gun which caused an injury over the head and also on the left hand of Tejsingh. Accused Hardayal and Malkhan both caused injuries by spades over the head of Tejsingh. Tejsingh ran away for his life, but the accused Malkhan threw a stone causing an injury over the hips of Tejsingh.

(3.) Ramlakhan, Mate of the Farm, reached at the place of the incident and took away Tejasingh. Tejasingh called for a tractor of the Farm and reached the Police Station Pichhore, where he lodged the F.I.R. (Ex. P/5) of the incident with Jandelsingh Kushwaha (P.W. 8) the Station Incharge. Tejasingh was referred for medical examination at Civil Hospital Pichhore. He was examined by Dr. Hari Prakash Jain (P.W. 2), at 7.30 a.m. on 17-3-84. The following injuries were found on the person of Tejasingh :-