J U D G E M E N T

(Reserved on 18 th day of June, 2021)

(Delivered on 22nd of June, 2021)

Per Vivek Rusia, J:

The appellants have filed the present appeal being aggrieved judgment dated 25.02.2016 passed by Special Judge, SC/ST Act, Rajgarh, (Biaora) M.P. in special case No.80/2012 whereby they have been convicted and sentenced as under:- Name of the Under Section Punishment/ fine Default accused Sentence Gajraj 302/34 of the R.I. (for life) with 400 days S.I.

IPC Rs.10,000/- 324 of the IPC 3 years R.I. with fine of Rs. 1,000/- 326 of the IPC 5 years R.I. with fine of Rs.5,000/- Rahul 302/34 of the R.I. for life with 250 days S.I.

IPC Rs.10,000/- Today this criminal appeal is listed for argument on I.A.

No.1439/2020 i.e. repeat second application for suspension of sentence, instead of arguing on the aforesaid application learned counsel for the parties have agreed to argued this appeal finally.

The facts of the case in short are as under:-

“As prosecution story on 05.03.2012 near about 7 p.m. complainant Gopal Jatav lodged an FIR at police Station Kurawar that near about 6:30 a.m. he was coming to his village on his motorcycle, on the way accused Lalit Rathore (minor) was going along with his buffaloes. The handle of the motorcycle touched with his buffalo and Lalit started abusing him by uttering hard language but this petty dispute was settled there itself and he came to his house. After some time accused Gajraj Rathore armed with sword, Pawan Rathore armed with stick, Ramesh armed with stick and Rahul armed with farsi came to his house and abused him and with a common intention to kill him they started assaulting him. Due to which Prem on his head, Resham Bai on finger of her left hand, Kanchan Bai on head, Mahesh on head, Jitendra on back and right shoulder and the complainant Gopal on his head and left hand suffered injuries and started bleeding. Lalit Rathore came with the stick and started assaulting him (i.e. Gopal). After shouting Mathura Prasad and Hem Singh came there and tried to save him and the accused persons left the spot by threatening to see dare consequences. The Police have registered FIR at Crime No.66/12 under Section 307, 323, 294, 506 and 34 of the IPC and Section 3(1)(10) and 3(2)(V) of the SC/ST Act against the accused persons. Matter was taken up into the investigation. The injured were sent to the Govt. hospital Kurawar for primary treatment. Injured-Prem becomes unconscious therefore, he was admitted at Hamidia hospital Bhopal. Resham Bai was admitted at a private hospital at Bhopal. The police prepared the spot map and collected the blood stain soil and seized the motorcycle. On 05.03.2012 Prem Singh succumbs to injuries at Hamidia hospital, and his dead body was sent for postmortem. The statements of the injured and witnesses were recorded. After the death of Prem section 302 of the IPC was added in the FIR. On the basis of the X-ray report of Jitendra Section 324 and 326 of the IPC were also added. All the accused persons were arrested and from their possession stick, sword and farsi were recovered. The complaint has produced his caste certificate. The accused Lalit was ‘child in conflict with law’ therefore, supplementary challan no.109/12 was submitted before the Juvenile Board, Rajgarh. Against the remaining accused Gajraj, Pawan, Ramesh and Rahul chargesheet was filed under Sections 302, 307, 323, 294, 324, 326, 506 and 34 of the IPC, Section 25- B of Arms Act and Section 3(2)(V) of the SC/ST Act before the J.M.F.C.

from there the trial was committed to the sessions court.

Learned Special Judge framed the charges against the accused, and they pleaded not guilty and prayed for trial.

In order to prove the charges, the prosecution has examined as many as 20 witnesses. In defense the accused persons did not examined any witness. The prosecution got exhibited 40 documents as Exhibit 40 (P-1 to P-40) and on the basis of the cross-examination 30 documents were exhibited as Exhibit (D-1 to D-30) in the trial