JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Jagdish, Khemchand and Munna have been convicted under Sections 148 and 307/149, I.P.C. and sentenced to rigorous imprisonment for two years and ten years respectively. Appellants Bandobai and Ramarani have been convicted under Sections 147 and 307/149, I.P.C. and sentenced to rigorous imprisonment for one year and ten years respectively.

(2.) The prosecution case is that on 4-7-1985 at 4 p.m. Jaggu (P.W. 4) and his harvaha Damodar (P.W. 5) were going in their village Erora. Accused Bandobai and Ramrani caught hold of Jaggu (P.W. 4) and started beating him. Accused Khemchand came out from his house armed with a ballam and struck it on the head of Jaggu (P.W. 4). Accused Munna attacked him with Katarna and accused Jagdish dealt an axe blow on him. He sustained injuries on his head and became unconscious. The incident was witnessed by Damodar (P.W. 5), Nanhelal (P.W. 6), Pannalal (P.W. 8), Hakam (P.W. 9) and Shantilal (P.W. 13), Pannalal (P.W. 8) lodged the report Ex. P-3 at the police station. Jaggu (P.W. 4) gained consciousness after 25 days and remained in the hospital for about 11/2 months. The motive for the offence was land dispute.

(3.) Accused persons pleaded not guilty. Their defence is that Jaggu (P.W. 4) came armed with a ballam and he was first to strike a blow from its blunt portion on accused Jagdish causing grievous injury to him. Thereupon accused Khemchand in exercise of the right of private defence of his brother Jagdish dealt a single ballam blow on Jaggu (P.W. 4) in order to disable him to continue his act of aggression.