1

Balram & Anr Vs. State of M.P. (Cr.A. No.5079 of 2019)

HIGH COURT OF MADHYA PRADESH

GWALIOR BENCH

DIVISION BENCH

G.S. AHLUWALIA

&

DEEPAK KUMAR AGARWAL J.J.

Cr.A. No. 5079 of 2019

Balram and another

Vs.

State of M.P.

Shri C.P. Singh Counsel for the Appellant

Shri A.P.S. Tomar Counsel for the State

Shri D.S. Rajawat, Counsel for the complainant

Date of Hearing

: 03-01-2022

Date of Judgment

: 6^th /Jan/2022

Approved for Reporting

:

Judgment

6^th- January -2022

Per G.S. Ahluwalia J.

1.

This Criminal Appeal under Section 374 of Cr.P.C. has been

filed against the judgment and sentence dated 4-4-2019 passed by

Additional Sessions Judge, Pichhore, Distt. Shivpuri in S.T. No.

106/2016, by which the appellants have been convicted and sentenced

2

Balram & Anr Vs. State of M.P. (Cr.A. No.5079 of 2019)

for offence under Section 302/34 of I.P.C. and have been awarded

Life Imprisonment with fine of Rs. 500/- in default 3 months R.I.

2.

It is not of place to mention here that FIR was lodged against

four persons and the present appellants namely Balram and Ramjilal

were absconding and were arrested on 5-10-2016 and a separate trial

has been conducted, whereas the remaining two co-accused persons

namely Govind Das and Gudda @ Rameshwar were tried in S.T. No.

106/2009 and by judgment and sentence dated 23-2-2010 passed by

Add. Sessions Judge, Pichhore, Distt. Shivpuri they too have been

convicted for offence under Section 302/34 of IPC and have been

awarded Life Imprisonment and a fine of Rs. 2000/- in default 6

months R.I. Govind Das and Gudda had also filed Cr.A. No. 227 of

2010, which has also been heard along with this Criminal Appeal.

3.

Since, the co-accused Govind Das and Gudda @ Rameshwar

were tried separately and evidence was also recorded afresh and in

the light of the judgment passed by the Supreme Court in the case of

A.T. Maydeen and another Vs. The Asstt. Commissioner, Customs

Department decided on 29-10-2021 in Cr.A. No. 1306 of 2021, the

evidence recorded in the trial of the appellants cannot be read either

in favor or against the co-accused Govind Das and Gudda, therefore,

their appeal is being decided by a separate judgment.

4.

The prosecution story in short is that on 18-1-2009 at about

11:55, the complainant Krishna Bihari Singh Tomar, came to the

Police Station Bhonti, Distt. Shivpuri along with his injured son who

3

Balram & Anr Vs. State of M.P. (Cr.A. No.5079 of 2019)

was in an unconscious condition and lodged an F.I.R. that about 10-

11 months back, they had purchased land from the nephews of

appellant no.1-Govind Das and from the said date, the appellants and

co-accused persons were having enmity with the complainant and his

family. It was further alleged that today at about 11:30 A.M., the

complainant was in his field, whereas his son Mohan Singh was

coming to the field. The moment he reached near the field, he was

challenged by the appellants. The appellant no.1 was carrying Lathi,

whereas appellant no.2-Gudda was having Baka. The accused Balram

was having Sword, whereas Ramjilal was having Katar. They asked

Mohan Singh to leave the field. In reply, Mohan Singh stated that

they have purchased the land. On this issue, the appellant no.2-Gudda

caused an injury on the nose of Mohan Singh by Baka, whereas

Balram gave a sword blow on the wrist of left hand. Ramjilal also

gave a Katar blow on the left hand. Appellant no.1-Govind Das

assaulted him by Lathi. His son Mohan Singh was raising alarm and

thereafter he fell down. When the complainant, Radhe and Indrapal

tried to save him, then all the four accused persons ran away.

5.

The police immediately sent the injured Mohan Singh to

P.H.C., Manpura, from where the injured was r