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2018 Supreme(MP) 355
IN THE HIGH COURT OF MADHYA PRADESH
G. S. Ahluwalia, J.
Subhash and others v. State of M. P.
Criminal Appeal No. 213 of 2004 (Gwalior); against the judgment dated 20.2.2004 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
Guna in S.T. No. 78 1993; Decided on 1.5.2018
Ashok Kumar Jain for appellants; Smt. Sangeeta Pachauri, Public Prosecutor, for respondent/State.
Headnote:(1) Criminal Practice -- injuries sustained by accused serious in nature and multiple -- prosecution witnesses expressed ignorance about such injuries -- facing trial for causing such injuries -- can be inferred that prosecution has suppressed the very genesis of incident -- benefit of doubt may be given to accused. 1992(2) Vidhi Bhasvar 4, (2004)7 SCC 408, (2012)4 SCC 79, (2005)11 SCC 245, (2008)16 SCC 561, and (2001)6 SCC 145 followed. [Para 37
(2) Penal Code, 1860 -- S. 447 -- trespasser -- cannot be evicted or dispossessed without following due process of law. (2004) 1 SCC 769 followed. [Para 39
(3) Penal Code, 1860 -- S. 96 -- prosecution failed to explain serious injuries sustained by appellants -- dispute between parties regarding possession of land -- it is probable that complainant party might have forcibly tried to stop appellants from cultivating land -- appellants were entitled to exercise right of private defence. (2002)7 SCC 210 and (1968) 2 SCR 455 followed. [Para 41
(4) Penal Code, 1860 -- S.96 -- accused can establish availability of right of private defence from material available on record even without taking specific defence. [Para 41
¼1½ nkafMd çFkk && vfHk;qä dks igq¡ph {kfr;k¡ xaHkhj ç—fr dh rFkk cgqla[; && vfHk;kstu lk{khx.k us ,slh {kfr;ksa ds ckjs esa vufHkKrk O;ä dh && ,slh {kfr;‚ dkfjr djus ds fy, fopkj.k dk lkeuk dj jgs && vuqeku fd;k tk ldrk gS fd vfHk;kstui{k us ?kVuk dk mn~xe gh fNik;k gS && vfHk;qäx.k dks lansg dk Qk;nk fn;k tk ldrk gSA 1992¼2½ fof/k HkkLoj 4 ¼mPpre U;k-½] ¼2004½7 ,l lh lh 408] ¼2012½4 ,l lh lh 79] ¼2005½11 ,l lh lh 245] ¼2008½16 ,l lh lh 561 rFkk ¼2001½6 ,l lh lh 145 vuqlfjrA ¼iSjk 37 ¼2½ naM lafgrk] 1860 && /kkjk 447 && vfrpkjh && fof/k dh lE;d~ çfØ;k dk vuqlj.k fd, fcuk csn[ky ;k csdCtk ugha fd;k tk ldrkA ¼2004½1 ,l lh lh 769 vuqlfjrA ¼iSjk 39 ¼3½ naM lafgrk] 1860 && /kkjk 96 && vfHk;kstui{k vihykFkhZx.k dks igq¡ph xaHkhj {kfr;k¡ Li"Vh—r djus esa vlQy && mHk; i{k ds e/; Hkwfe ds dCts ds laca/k esa fookn && laHko gS fd ifjoknhi{k us vihykFkhZx.k dks Hkwfe ij [ksrh djus ls cyiwoZd jksdus dk ç;kl fd;k gksxk && vihykFkhZx.k çkbosV çfrj{kk dk vf/kdkj ç;qä djus ds gdnkj FksA ¼2002½7 ,l lh lh 210 rFkk ¼1968½2 ,l lh vkj 455 vuqlfjrA ¼iSjk 41 ¼4½ naM lafgrk] 1860 && /kkjk 96 && vfHk;qä fofufnZ"V çfrj{kk fy, fcuk Hkh] vfHkys[k ij miyC/k lkexh ls çkbosV çfrj{kk dk vf/kdkj fl) dj ldrk gSA ¼iSjk 41
1. This criminal appeal has been filed under section 374 of CrPC 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 (PW3)
Nil
Nil
324
IPC
1 Year RI for causing injury to Prem (PW12)
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
Appellant No. 4 Ramkishan S/o Shri Puran
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 (PW1), Madan Lal (PW3) and Prem (PW12) 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 (PW1) 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, and 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 she
