RAMJILAL @ MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 08.10.2015 passed by 2 nd Additional Sessions Judge, Sabalgarh, District Morena in Sessions Trial No. 170/2008, by which the appellants have been convicted and sentenced for the following offences:-

(2.) The necessary facts for the disposal of the present appeal, in short are that in Sabalgarh hospital, the complainant Shivnarayan gave an information to the SHO to the effect that his dispute with appellant Ramjilal is going-on on the question of mud boundary between the field. On the date of incident, his son Roop Singh had gone to the field for irrigation purposes, whereas the complainant, his wife and his another son Bir Singh were in the another field, where they heard the shouts of Roop Singh. When they reached near Roop Singh, they found that he was surrounded by the appellants. The appellants were having ballam, lohangi, lathi and axe and they were scolding Roop Singh that he has broken the mud boundary of their field and, accordingly, the appellant Ramjilal Rawat started throwing stones, when Roop Singh objected to it, then the appellant Brajesh gave an axe blow on the head of Roop Singh, as a result of which, he fell down. Appellant Jagmohan gave a lathi blow, which landed on the knee of his right leg. When the complainant Shivnarayan, Bir Singh and Baikunthi tried to save Roop Singh, then appellant Khema @ Khemraj Rawat gave a farsa blow which landed on the right side of forehead of Shivnarayan. All the appellants assaulted Bir Singh and Baikunthi by lathi, axe and ballam. The incident was intervened by Hazarilal and Harcharan, and saved them. All the appellants extended a threat that although today they have survived, but they would be killed. Roop Singh became unconscious on the spot and, therefore, he was taken to Sabalgarh hospital, where he has been admitted. On the information given by the Doctor, SHO had reached the Sabalgarh hospital, where a Dehati Nalishi (Ex.P-14) was lodged on the information of the complainant Shivnarayan. Since the preMLC report of the injured Roop Singh was already prepared, therefore, injured Shivnarayan, Bir Singh and Baikunthi were got medically examined and on the basis of Dehati Nalishi report, the police registered an offence under Sections 147, 148, 149, 294, 307, 506-B of IPC, which is Ex. P-15. The spot map Ex.P-16 was prepared. The blood stained and plain earth was seized by seizure memo Ex.P-17. The blood stained clothes of injured Roop Singh were seized by seizure memo Ex.P-18. The appellants were arrested by seizure memo Ex.P-19 to P-24. Their houses were searched and search memo Ex.P-25 and P-26 were prepared. The statements of the witnesses were recorded. The police after concluding the investigation filed the charge-sheet against the appellants for offence under Sections 147, 148, 149, 294, 506-B and 307 of IPC.

(3.) The Trial Court by order dated 05.03.2009 framed the charges under Sections 147, 148, 307/149, 506 (part-II) and 294 of IPC. Thereafter by order dated 05.09.2014, charges under Sections 324, 324/149 and 323 (3 counts) were additionally framed.