LATEL SANCHI SATNAMI Vs. STATE OF M P

JUDGEMENT

(1.) THE above 12 appellants have preferred this appeal against the judgment dated 23-4-1992 of the learned IIIrd Additional Sessions Judge, Bilaspur, in Sessions Trial No. 39 of 1988, by which the appellants Latel, Chandrabhan and Bhajan have been convicted for the murder of Sahdev Tiwari under Section 302 of the Indian Penal Code, accused Latel and Bhajan have also been convicted for the murder of Ashok Kumar, an offence under Section 302, Indian Penal Code, and each has been sentenced to life imprisonment and other accused have been convicted for the said two offences of murder with the aid of Section 149 and each has been sentenced to undergo imprisonment for life. Accused Bhajan and Chandrabhan have also been convicted for offence under Section 307 for causing injuries to Vijay Kumar and each has been sentenced to undergo R. I. for 5 years, while other accused have been convicted of the said offence with the aid of Section 149 and each has been sentenced to R. I. for 5 years.

(2.) IT has not been disputed that an agricultural land bearing survey No. 435/1 area 1. 71 acre was the subject matter of dispute between accused Latel and deceased Sahdev Tiwari. It is also not disputed that accused Latel had initiated proceedings in the Court of Sub Divisional Officer, Mungeli, under the provision of M. P. Samaj Ke Kamjor Vargon Ke Krishi-Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Handapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 and the application was allowed by the S. D. O. vide order dated 2-4-1985. It is also not disputed that on 5-7-1987, the date of the incident, deceased Sahdev, his son Ashok, his son Vijay Tiwari (P. W. 10 ). Jeetram, Manharan, Rajaram and the labourers had gone with a plough to this land for sowing. The case of the prosecution, in brief, is that the deceased Sahdev had purchased the said land Khasra No. 435/1 from accused Latel and one Puniram on 25-4-1962 for a consideration of Rs. 1,750/- and had obtained its possession and there was a dispute between deceased Sahdev and accused Latel with regard to the said land. Accused Latel had filed an application before the Sub Divisional Officer, Mungeli, in the year 1982 under the provision of said Act, and the S. D. O. by his order dated 2-4-1985 had allowed the said application against which deceased had preferred an appeal before the Additional Collector, from Bilaspur. The Additional Collector had allowed the said appeal by his order dated 30-61986 and had remanded the matter to Sub Divisional Officer for his decision in accordance with law. In view of the dispute between the parties and the apprehension of the breach of peace, proceedings were also initiated under Section 107 read with Section 116 (3) of the Criminal Procedure Code before the Sub Divisional Magistrate, Mungeli. However, upon remand of the said case by the Additional Collector, the Sub Divisional Officer, Mungeli by his order dated 6-4-1987 held that it was not proved by accused Latel that it was a transaction of loan and further that accused Latel was a marginal farmer and, accordingly, holding that deceased Sahdev had purchased the said land from accused Latel on 25-4-1962, the application of accused Latel was rejected. It was also alleged that deceased Sahdev had, on 14-6-1987, sought police protection apprehending danger from accused Latel and had also sent an application Ex. P/28 in this behalf to the Collector and the Superintendent of Police.

(3.) THE case of the prosecution is that on 5-7-1987, the deceased Sahdev along with his sons deceased Ashok and P. W. 10 Vijay Kumar, his agricultural labourers and companions of his son Ashok Tiwari had gone to the disputed land for sowing. No sooner they started to plough their land, all the accused came there armed with deadly weapons and accused Latel, Chandrabhan and Bhajan then surrounded them and exhorted all accused persons to kill them. All the accused then conjointly assaulted the complainant party, accused Chandrabhan and accused Bhajan, each assaulted P. W. 10 Vijay Kumar with 'tabbal' and his brother Ashok was assaulted by accused Latel and Bhajan, each by means of 'tabbal'. As a result of the said murderous assault, Ashok and Vijay fell down on the ground and became unconscious. On regaining consciousness, P. W. 10 Vijay Kumar witnessed that accused Bhajan, Latel, Chandrabhan and Bundaru were assaulting his brother Ashok with 'tabbal' (a sharp weapon) and 'lathi' (stick ). The companions of deceased Ashok implored the accused not to beat them but the accused persons persisted. However, on finding an opportunity, P. W. 10 Vijay Kumar and his father deceased Sahdev ran from the place to save their lives.