MOTILAL BEJNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE five appellants, namely, Motilai, Shankar s/o Motilai, Shiv. Kumar s/o Lalji, Ram Kinker s/o Motilai and Lalman s/o Lalji, have preferred this appeal against the convictions and sentences passed in S. T. No. 7/7/84 by; A. S. J. , Satna dated 6-3-1085. The convictions and sentences are as follows:

(2.) IT is not in dispute that on 14-3-1984 at village Gunhar, P. S; Nagod, there was some incident with Raghuvar (deceased) and the two appellant Motilai and Ram Kinker, who are respectively father and son. However, the prosecution and the defence versions about the incident are divergent. It is also not disputed that in spite of both these versions, the genesis is the same, namely on 14-3-1984 there was some wrangling between P. W. 3 Achchelal and Lalta son of appellant Motilai. P. W. 4 Bhajna, aged about 12 years, is son of P. W. 3 Achchelal and he is a grazier-boy. Bhajna had refused to graze the cattle of Lalta and had even complained to his father that the appellant Motilal's son Lalta insists upon grazing their cattle arid Bhajna was even beaten when he refused to graze their cattle. In that context, P. W. 3 Achchelal had rebuked Lalta, s/o appellant Motilai.

(3.) IN the above background, the case for the prosecution is that on Bhajna's refusal to graze cattle, Lalta had beaten Bhajna. On 14-3-1984 at or about 8 p. m. , P. W. 3 Achchelal inquired from Lalta as to why he forces Bhajna to graze his cattle and why he beats him when he refuses. That Lalta should desist from forcing Bhajna to take cattle and should also desist from beating him. At that, it is said, Lalta repeatedly said that he would beat Bhajna if he refused to graze cattle. Raghuvar (deceased) also came at the place of incident and tried to pacify Lalta but Lalta was-persistent and gave the same reply. At that Raghuvar said that if he beats Bhajna, he too would be beaten. Lalta got angry, and went away. Soon thereafter all the five appellants arrived. Ram Kinker was armed with a Farsa and other with sticks. Ram Kinker is said to have assaulted Raghuvar with Farsa and the latter fell down. Jageshwar (P. W. 7), Ramjas (P. W. 9), Ishwardin. (P. W. 12) and Kailash (P. W. 13) who were present in the vicinity, intervened and in turn they too were assaulted, by the appellants causing them injuries. Raghuvar died on the spot. The deceased was taken to the police station, Nagod in a DOLI where F. I. R. (Ex. P-8) was lodged by P. W. 7 Jageshwar. The F. LR. was recorded by P. W. 14 Mishra, S. I. and inquest memo was prepared and the injured were sent for medical examination and the body of Raghuvar was sent for post mortem.