.-^, / CF0000057331 Q>) .-.,-^ '.UWK E^i. 0& IN IHB HB3H COURI OE MADHX& PKADESH SS JABALPUR Crimiaal Appeal Ho, /-^ yisso APPELLAN3S8 -?• ^//c 3u^^^ 1 L5 KESSi3SBWXt / 1. lamandast aged about 30 years^ / 2« sugandas» aged about 27 years» 3. Chanda» aged aisou-t 21 years» ; All are sons of Bhikhari* S/o Village Amlidih, Police Sta-tion Cbburia» D.i.strlct .RajBana9aon,' M.E. VSESUS Sta'te of Msdhya Pradesb through Pollce Statioa, Cbtauri.a, Bistrict Bajnandgaon, M.P. APPEAL UNDER SECSION374___COOE_QF_CRIM-1:SAL PRQCEDURE,1974 't^ la... '<^,JF'E^f •"; ^ ?-?->'• MMAniSi&AKM AS BlLA&mi i ii 5!'n< n'bje Wr. Justlce Pritii Tumandas & others •F' riu' State of Madhya pr (now .hhattisqorh) Shri Varun SnwmQ, counse! for the appeiiants. Shri Pankai Shrivastavo. Pane' Lswver for the State. l'^h**Vrf^*[l S L^W7 ^ ^^^ "S"^; liT— ^^^'"M'^ )?-" J;A1L=' :R SECTION 374 OF THE CO&E 01 Present appeal arises out of th®impugned judgment and ordsr dated 30.01.1990 passed by 1 Additional Sessions Judge, Rqjncmdgaon in Sessjons Tria! No. 86/89 convictlng the accused/appsllcnts for the offences punishcbis under Ssctio'is 304 (part II) Qnd 323 of the Indiw! Penai Code ard sentencing them. to undergo rigorous imprisonment for five years and one year respectiveiy and dso convicting accused/apps!!mt No. 1 and 2 under Se-ction 324/34 'and GCcuse.d/aDoe.ii-ant No- 3 under Section 324 IPC and sentencing them tc- undergo "igorous imnrisor'msnt fo" one and hQlt vears. Brief facts of the case are that on 23.6.1989 at about 11.15 pm F.Z.R. (E%. P-22) was iodged by Anka'u Das (since deceased) aiieging in it thct on that day at about 8 pm when he was sitting outside his house aiong wlth' his wife Kapur Bsi (PW-1) md mother in !aw Sukhwati (PW-2), accused/appsiiants and one mors accused name!v MaisharaTi reached there and assauSted him on account of the !and di.spute. He has stated that Gccused oersons have also assajlted his wife ond mother- ''ftBte... 'v^m '&, ~,^"^iS%t ^i^.. J) ~"sm i ^;^--*^y in-law. Based on this F.I.R.. offencs und.er Section 324/34 of the Indian Pena! Codz was reaistet-ed as3G.in.st the o.ccused persons. As Ankoiu ' &os died on 24.6.1989, offersce under Section 302 of the Indlan Pena! .Code was oiso registered against the accused persons. After investigirtion, challan was filed on 16.7.1989 agQinst the present appe!!ants and McOTsharam for the offence under Sectlons 324, 307 and 302 sf ths Indian Penal Cods. 3. So as to hold the accusec/appeilants gu'ity, prosecutio'i has examined as many as 16 witnesses in support of 'ts case. Statements of the accused persons we.re aiso recorded under Ssction 313 of the Code of Cr'iminal Procedure in which they denled ths charass !eve!ied cgainst them cnd pieadsd their innocence fflid fsiss implication in the cose. Apsrt from this, one wltness nameiy G.P. Agrawa! (DW-1) has dso been exsmined by ths defence in support of its case. 4. After hearing the parties the trid Court has acquitted the occused persons for the offence under Ssction 302 of the Indian Penai Code but has convicted and ssntenced the accused/appeiiants as mentioned above. Hsnce this appeai. 5. Accused ftAansharam had aiso fiied cppeal chaiisnging ths irnpugned order before this Court but durlng the pendsncy of his cppeai, he hss expired. 6. Learned counssj for the appeiionts submits that on account of iond dispute there was soiTie. ajtercctjon betwesn the accused persons and the deceased aid oniy s'mpie injury was caussd to him. He submits thct unfort'unateiy, on the second day. deceased Ankolu Das died an cccount of ruotur'e of -y ! 1 i-^^-. spieen and not OR account of ayw injury sustained by him. He submits that pr'osecution has fs.ijed fo 'prove that sp!een 'e/as ruptured in the ir'cident. He furthsr subniits that appeijcnts have already remsined in JaJl for about six months snd therefore, if their eonvlctio!" is malntciined, they niay not bs sent behind the bar csnd the said ssntsnce be reduced to the period already undergons by them. He further submits that appeliant is willing to compensate +he famiiy of the dsceased by paying adequate compensation as mcy bs directed. 7. On th.e other horsd, counssl for the State supports the impugned judgmsnt submits that the incident has been duiy supported by eys witnesses nojnely Kapur Bai (PW-1), Sukh.wat' (PW-2), Dhanmat Bai (PW-3) and BaircCT (PW-12). Hs further ibmits that spleen of the deceased got "uptured o.s he wo.s bruto.lly beatsn by the o.ccused person-s. 8. I have heard counsei fo" the pG"t!e.s and perused the materlal availabie on record. 9. Eys witnesses nameiy Kapur Bai (PW-1) &. Sukhwot (PVi/-2), who ors injured, ho.ve co.tegoricaliy stated as to in what mGnner the occused/appeliants have assaulted thsm. Dhanmat Bai (PW-3) onother eye witness to the incident has aj.so supported the prosecution co.se. Bojram (PW-12) is o.jso one of the eye witness to the incident, has aiso fully supported the pr'osecution case. Statements of these eye witnesses have bsen duly support'ed by Dr. S.K. Agro.wo! (PW-9), who has per-formed the post mortem of the deceased and has given his r'eport' Ex.P-18- He has categoricoJly stated thot death of deceased Ankaju Das Sn g< 8te*n f'u\ u ® '>"tr-^ ^ i!t^L.^'!" was due to ruptur's ot sp'een ana excess've bleeding. He hss aiso found injuries on the psrson cf the decsssed. 10. In visw of above, the appeai is pa"t!y dlowed. Corsvictio" po.rt of ths iinpuQned Judgment 's mo.intained. Appeiimt &r'e reDorred to have rsmained in iall for six months. and the incident is said to hove taken piace about 21 years bsck, sentencs of flw vsars rioorous in'Drisonn^snt is reducsd to that of two years in respect of offence. under Section 304 (part I) of IPC. However, the appeilants are dJrscted to deposit an omount of Rs. 12,000/- as con'-pensatio" and out of thls amount Rs. 10,000 shaii bs aiven to the fGmi!y of ths deceased. If this amount of Rs.12,000/- Is not deposited 'n the Court beiow within a period of fou" months from the dots of receipt of copy of this order, oppeiiants shall undsrgo "'he sus imDrisonment for si% months. r - t5Q/- Pritinker Diwaker Judge