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2018 Supreme(MP) 216
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S. Ahluwalia, J.
Subhash and Others – Appellants
Versus
State of M.P. – Respondent
Criminal Appeal No. 213 of 2004
Decided On : 01-05-2018
For the Appellant : Shri Ashok Kumar Jain.
For the Respondent: Smt. Sangeeta Pachauri.
Headnote:
In a criminal appeal challenging a conviction under various sections of the Indian Penal Code (IPC), the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Arms Act, the court analyzed the evidence and witness testimonies to determine the guilt of the appellants.
Fact of the Case:
The appellants were convicted of various offenses, including attempted murder, causing grievous hurt, and rioting, arising from an incident where they allegedly fired gunshots at the injured persons, who were from a Scheduled Caste, over a land dispute. The appellants claimed self-defense and that the injured persons were attempting to forcibly take possession of their land.
Finding of the Court:
The court found that the prosecution failed to prove the guilt of the appellants beyond a reasonable doubt. It noted that the prosecution had failed to explain the serious injuries sustained by the appellants during the incident and that there was a dispute between the parties over the possession of the land in question. The court also found that the appellants had not exceeded their right of private defense.
Issues: 1. Whether the prosecution had proved the guilt of the appellants beyond a reasonable doubt. 2. Whether the appellants had acted in exercise of their right of private defense.
Ratio Decidendi: The court held that the prosecution had failed to prove the guilt of the appellants beyond a reasonable doubt. It noted that the prosecution had failed to explain the serious injuries sustained by the appellants during the incident and that there was a dispute between the parties over the possession of the land in question. The court also found that the appellants had not exceeded their right of private defense.
Final Decision: The court set aside the conviction and sentence of the appellants and acquitted them of all charges.
1. This criminal appeal has been filed under Section 374 of Cr.P.C. against the judgment dated 20.2.2004 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, Guna in S.T. No. 78/1993 by which the appellants have been convicted and sentenced as under:-
Appellant No. 1 Subhash:
Section
Act
Imprisonment
Detail of fine/if deposited
Imprisonment in lieu of fine
147
IPC
6 months RI
Nil
Nil
447
IPC
1 month RI
Nil
Nil
3(1)(iv)
SC/ST Act
1 Year RI
2000/-
Nil
3(1)(v)
SC/ST Act
1 Year RI
2000/-
Nil
148
IPC
1 Year RI
Nil
Nil
27
Arms Act
3 Years RI
1000/-
Nil
324
IPC
1 Year RI for causing injury to Ramprasad
Nil
Nil
324
IPC
1 Year RI for causing injury to Madan (PW-3)
Nil
Nil
324
IPC
1 Year RI for causing injury to Prem (PW-12)
Nil
Nil
Appellants No. 2 Soma, No. 3 Gajanand No. 6 Ramkishan:
Section
Act
Imprisonment
Detail of fine/if deposited
Imprisonment in lieu of fine
147
IPC
6 months RI
Nil
Nil
447
IPC
1 month RI
Nil
Nil
Section Act Imprisonment Detail of fine/if deposited Imprisonment in lieu of fine
Section
Act
Imprisonment
Detail of fine/if deposited
Imprisonment in lieu of fine
147
IPC
6 months RI
Nil
Nil
447
IPC
1 month RI
Nil
Nil
3(1)(iv)
SC/ST Act
1 Year RI
2000/-
Nil
3(1)(v)
SC/ST Act
1 Year RI
2000/-
Nil
The appellant No. 5, Onkar has expired during the pendency of this appeal.
2. The necessary facts for the disposal of the present appeal in short are that on 21.11.1992 the appellants formed an unlawful assembly and in furtherance of common object and with an intention to kill the injured Ram Prasad (PW-1), Madan Lal (PW-3) and Prem (PW-12) so as to forcibly take possession of the land belonging to the injured persons, fired gunshot causing injury to Ram Prasad, Madan and Prem. The appellant No. 1 Subhash and appellant No. 4 Ramkishan do not belong to Scheduled Caste or Scheduled Tribe whereas the remaining appellants belong to Scheduled Caste or Scheduled Tribe. The co-accused Kajod died during the pendency of the trial and accordingly, the trial proceeding was dropped against him, whereas the co-accused Amra is still absconding from 21.11.1992.
3. The injured Ram Prasad (PW-1) lodged a report on the allegation that he along with co-injured Madan Lal and Prem were getting their land cultivated with the help of tractor belonging to one Om Prakash and at that time, the appellants and other co-accused persons came on the spot and all of them were armed with lathi and Farsa. The appellant No. 1 Subhash was having 12 bore gun. They stopped the complainant and the injured persons from cultivating the land which was allotted to them by the Government and was in their possession and started assaulting them. Appellant No. 1 Subhash fired gunshot from his 12 bore gun, as a result of which the injured Ram Prasad, Prem and Madan Lal sustained injuries. On the complaint of the informant Ram Prasad, the police registered the FIR in Crime No. 208/1992 for offence under Sections 307, 147, 148, 149 of IPC and the injured Prem, Madan Lal and Ram Prasad were sent for medical treatment. During investigation the medical documents of the injured Prem, Madan Lal and Ram Prasad were seized. Similarly, the discharge tickets of the accused Gajanand and Soma were seized. The x-ray report as well as the x-ray plates of the injured Madan Lal, Prem and Ram Prasad were seized. The appellants No. 1 Subhash, No. 2 Soma and No. 3 Gajanand and co-accused Kajod were arrested. The spot map was prepared. The revenue records pertaining to the agricultural lands were seized. Thereafter, the remaining accused persons were arrested and after concluding the investigation, the police filed the charge sheet for offence under Sections 14
