HARIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 17-10-2002 passed by ASJ, Barwah, District West Nimar in S.T. No. 411/2001, whereby the appellants were convicted for the offence punishable under Sections 307/34 and 324/34 of IPC by sentencing them to undergo five years imprisonment with fine of Rs. 5,000/- each and one year imprisonment with fine of Rs. 2,000/- each respectively, the present appeal has been filed.

(2.) IN short the case of prosecution was that on 6-9-2001 complainant/ Bhairam alongwith his brother Shriram and their wives Shantibai and Narmadibai were pouring water in their field, at that time at about 1.00 p.m. appellant/Hariram was fixing the motor from the river. It was alleged that complainant/Bhairam asked the appellant/Hariram not to fit the motor, upon which appellant/Hariram abused the complainant in a filthily language and also assaulted by Gupti (a sharp edged weapon). Further case of the prosecution was that at that time appellant No. 2/Bhaiyalal came on spot armed with Darata and assaulted the complainant/Bhairam with the result complainant/Bhairam sustained injuries in his partial region. Further case of the prosecution was that Shantibai wife of the complainant and Shriram along with his wife/Narmadibai came to the rescue of the complainant/Bhairam but they were also assaulted. It was alleged that upon the complaint after investigation charge-sheet was filed. After framing of charges and recording of evidence, appellants were convicted as stated above, against which the present appeal has been filed.

(3.) LASTLY reliance is placed on a decision in the matter Jasbir Singh Vs. State of Punjab, AIR 1993 SC 968, wherein quarrel over taking water from tubewell for irrigation, deceased picking up quarrel with accused by preventing him from taking water. Accused firing shot in exercise of right of private defence killing deceased, Hon'ble Apex Court held that conviction altered from Section 302 of the IPC to Section 304 of the IPC. In view of the aforesaid position of law and the facts and circumstances of the case, learned Counsel submits that the appeal filed by the appellants deserves to be allowed and the judgment of conviction deserves to be set aside.