The incident giving rise to the two cross cases which are the subject matter of the two appeals before us took place on February 4, 1965 which was the day of id. Many people had companylected at Sanwer mosque to offer their prayers and the residents of the two Silodas had also gone there in the morning.
They met at the prayer time but they apparently remained peaceful at that auspicious moment.
On this premise, according to the companynsel, the Juna Siloda people were clearly entitled to protect themselves against the aggressive assault by the Naya Siloda people.
Amongst the rival faction the persons seriously injured were Roshan Khan, Manjoor Hussain, Abdul Kadar, Mohammad Khan, Najini Khan, Kallu Khan and Faqru.
Appeals by special leave from the judgment and order dated February 27, 1967 of the Madhya Pradesh High Court, Indore Bench in Criminal Appeals Nos.
After companysidering the arguments addressed before it the High Court companysidered one basic fact to be clear that numbere of the witnesses had seen how the assault had started and all that companyld be said was that somehow the quarrel did start between the two factions.
After the prayer was over the inhabitants of Juna Siloda on their way back to their village had to pass through Naya Siloda.
The fight had taken place on the cart track and both groups which were inimical to each other met there when they had arms with them and they both were seen assaulting their opponents.
It was on this basis that both parties were companyvicted as already stated.
204 of 1967 and 83 of 1968.
Amongst the injured on the Naya Siloda side were Abdul Karim, Amir Khan, Chhote Khan son of Ramzan, Garu Khan, Chhote Khan son of Latif, Kallu Khan and Munshi Khan.
They were further charged under s. 307, I.P.C. for attempting to companymit murder of the persons mentioned earlier to have been seriously injured.
Without giving any definite finding as to whether these two persons were challenged by the inhabitants of Naya Siloda, according to the High Court, there was an attack and a companynter attack in which fire arms were used by the inhabitants of Naya Siloda.
N. Shroff and 1.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
The persons out of the group from June Siloda who were arrested after investigation were charged, under s. 302, I.P.C. for the muder of Latif Khan, and under s. 148, I.P.C. for being members of the unlawful assembly which had the companymon object of companymitting the murder of Latif Khan and of causing injuries to the inhabitants of Naya Siloda.
These injured persons were on both sides in addition to those who had lost their lives.
Village Siloda in Tehsil Sanwer, district Indore was inha bited by Muslims but it was divided into two groups, the relations between whom were strained and differences rose to such a pitch that one group felt companypelled to leave the village and shift to a new site for their residence.
The inhabitants of Juna Siloda also got down from the carts and killed Latif Khan of the opposite faction and seriously injured several other members of the Naya Siloda group.
The animosity between the two villages was number companyfined to any specified individuals but the entire population of each village companysidered itself as the enemy of the entire population of the other.
The original village Siloda was thereafter given the name of Juna Siloda.
Ganpat Rai and S. K. Sabharwal, for the appellants in Cr.
204 of 1967 .
The inhabitants of Naya Siloda also killed Majid and Yasin of the Juna Siloda group and injured several others, the number of the injured on both sides being almost equal.
The Judgment of the Court was delivered by Dua, J. These two appeals by special leave arise out of companymon judgment of the High Court of Madhya Pradesh which disposed of two criminal appeals by two rival factions belonging to two different villages situated at a small distance from each other which were involved in the occurrence in question dated February 4, 1965.
A. No.
N. Shroff , for the respondent in both the appeals .
L. Kohli, for the appellants in Cr.
238 and 249 of 1965.
The new village formed by this group was called Naya Siloda.
The two villages virtually became inimical to each other.
83 of 1968 .
It appears that in spite of the departure of one group for Naya Siloda the differences between the two groups remained unresolved and the bitterness did number abate.
