JAMNAPRASAD Vs. STATE OF M. P.

JUDGEMENT

(1.) Disgruntled with their conviction under Section 302/34 and 324/34 of IPC and sentence of life imprisonment with fine of Rs.2,000/- and 3-3 years RI and additional sentence of 1-1 year RI to Surajbai for causing injury to Kamal Singh and Arjun Singh awarded by Additional Sessions Judge, Narsinghgarh, District-Rajgarh vide judgment dated 27/06/2007 delivered in Sessions Trial No.103/05, all the appellants have preferred the present appeal.

(2.) It is not disputed that both the parties are resident of the same village Bakpura and the appellants belong to schedule castes while the deceased and complainant belong to Rajput community.

(3.) Before the trial Court, the appellants have taken defence that on the date of the incident, complainant and his companions armed with swords, battle axes and sticks etc. assaulted their houses. They ransacked house of Deviram, pulled out Jamna from his house, Jagnarayan inflicted sword on him but as spontaneous effect; he (Jamna) bent down, the sword hit Arjun (deceased). Jagnarayan again inflicted sword; which hit younger brother of Jamna, Bapu. Frightened by this sudden attack, they all along with their families ran away towards forest. After sometime, they approached the police, but under influence of the complainant and their community, the police did not scribed their report, therefore, they sent copy of the report to the senior officers of the police and also filed a complaint before the Judicial Magistrate.