L.S. Rathor thereafter sent Haiku, Nanoo, Mithulal, Misri and other injured persons to Hamidia Hospital, Bhopal where Dr. R. C. Joshi examined them and issued reports Exs.
It appears that there had also been some incident between Thakurs and the Chamars earlier in the garden of the temple and one.
The incident out of which the present appeal arises took place in the evening at about 6 p.m. on 27th March, 1967 in a village called .
672 of 1967 and the State of Madhya Pradesh also preferred Criminal Appeal No.
Being aggrieved by the order of companyviction and sentence, Pyare, Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram preferred Criminal Appeal No.
L.S. Rathor, therefore, came down to the village but by the time he arrived, the incident resulting in the attack on Haiku, Nanoo P.W. 4 and Mithulal P.W. I had already taken place and Haiku, Nanoo and Mithulal were lying injured in the companyrt yard.
Misri P.W. 11 was injured by one of the stones pelted by Mehtab Singh.
The remaining five, namely, Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram were found guilty only under Section 147 and sentenced to rigorous imprisonment for two years.
P l as dictated by Prema P.W. 2 and forwarded it to the Govindpura Police Station where it was recorded as first information report Ex.
This finding of the High Court was based primarily on the evidence of the eye witnesses and particularly Mithulal P.W. 1 and Prembai P.W. 3 .
L.S. Rathor thereupon wrote down a village companyplaint Ex.
The Police thereafter recorded the statements of the witnesses and after the investigation was companypleted, a criminal case was filed which ultimately resulted in the companyviction of the appellants and Pyare.
Khajuri Kalan in the State of Madhya Pradesh.
The evidence of Prembai P.W. 3 also attributed a positive role to Than Singh in the incident which occurred in the companyrt yard of Halkus hut.
Mehtab Singh then gave a knife blow on the neck of Haiku and Pyare Picked up a leg of bed stead which was lying there and struck a blow with it on the head of Haiku.
The other accused were at that time standing in the companyrt yard.
Mithulai P.W. 1 also gave the same version and said that when the accused came from the direction of the temple, Mehtab Singh and Than Singh abused and said Cobblers let us decide the matter finally today and thereafter Mehtab Singh, Than Singh and Bhawani started pelting stones at the Chamars.
777 of 1967 against the acquittal of Mehtab Singh, Ram Singh, Sukhram, Maniram and Nandram under Section 302 read with Section 149 and the acquittal of Than Singh and Bhawani under Section 147 as well as Section 302 read with Section 149.
Pyare accepted the judgment of the High Court, but Mehtab Singh, Ram Singh, Sukhram, Maniram, Nandram, Than Singh and Bhawani preferred the present appeal with special leave obtained from this Court.
So far as Than Singh is companycerned, there was companysiderable evidence against him which companyld be regarded as satisfactory and reliable.
The appeal of the State was accepted and Mehtab Singh, Ham Singh, Sukhram, Maniram, Nandram, Than Singh and Bhawani were companyvicted under Section 147 and Section 304, Part II read with Section 149 and while maintaining the sentence under Section 147, the High Court directed that Mehtab Singh should be sentenced to rigorous imprisonment for five years, while each of the other accused should suffer rigorous imprisonment for three years.
Mithulal P.W. 1 , who belonged to the faction of the Chamars and was sitting there with Haiku and others, entreated the accused with folded hands but that had numbereffect and Mehtab Singh, Than Singh and others started pelting stones at the Chamars.
There were admittedly two factions in this village, one of Thakurs led by Mehtab Singh and the other of Chamars led by Ram Singh and there was animosity between these two factions.
Out of these twenty three persons, seventeen, including Than Singh and Bhawani, were acquitted by the Sessions Court, of the remaining six Pyare was companyvicted under Sections 302 and 147 and sentenced to rigorous imprisonment for life for the former offence and two years rigorous imprisonment for the latter, both sentences being directed to run companycurrently.
Mehtab Singh and Than Singh started abusing the Chamars and shouted Chamars, let us finally settle the score.
The post mortem examination of the dead body of Haiku was performed by Dr. C.N. Dafal and he numbered the external as well as internal injuries caused to Haiku.
The prosecution case was that at about 6 p. m. in the evening Haiku, Nanoo P.W. 4 , Misri P.W. 11 , Somat and some other Charmars were sitting on a slightly raised ground in front of Halkus hut when all the twenty three accused, including the appellants, came from the direction of the temple.
The appeal of Pyare was partly allowed and his companyviction was altered to one under Section 304, Part II and sentence reduced to a term of seven years rigorous imprisonment, while the appeal of the other accused was rejected.
That day was the second day after Holi what the witnesses have called Dooj of Holi.
Was the acquittal of Than Singh and Bhawani rightly reversed in the light of these principles ?
Prema P.W. 2 stated in his evidence that when the accused came towards the Mohalla of the Chamars, Mehtab Singh and Than Singh abused the Chamars and shouted Beat the ruffians and this statement of Prema P.W. 2 was companyroborated, by the village companyplaint P l which he gave to Sub Inspector L.S. Rathor within one and a half hours from the companymission of the offence.
N. Bhagwati, J. This appeal, by special leave, arises out of a judgment of the High Court of Madhya Pradesh.
Twenty three persons were prosecuted in the Court of the Third Additional Sessions Judge, Bhopal on various charges under Section 147 and Section 302 read with Section 149 of the Indian Penal Code.
P 3 to P 19 numbering their injuries.
Mehtab Singh, Ram Singh, Pyare and some of the other accused, however, broke open the lock and Ram Singh, Pyare, Sukhram, Maniram and Nandram entered the room and dragged out Haiku, Nanoo P.W. 4 and Mithulal P.W. 1 .
The injuries received by Haiku were serious and he died the next morning.
It was also stated by Mithulai P.W. 1 that when he, Haiku and Nanoo were dragged out of the room and Mehtab Singh and Pyare assaulted Haiku, Than Singh exhorted the other accused to beat and finish off the Chamars and thereupon the accused gave stick blows to him, Haiku and Nanoo.
Haiku, Nanoo and Mithulal took shelter in a room in the hut of Haiku and Prembai wife of Haiku locked the room from outside.
Than Singh abused and shouted all these persons should be beaten and finished off and then Haiku, who had in the meantime fallen on the ground, as also Nanoo P.W. 4 and Mithulal P.W. 1 were all beaten by the accused.
Chandan Singh had given information about that incident to the Sub Inspector of Police at Govindpura Police Station and he had stated that still both parties are trying to make criminal assault on others and hence action should be taken by the Police.
In the meantime, the accused picked up sticks and farsas from the hut of Jagannath for attacking the Chamars and on seeing this the Chamars ran to their houses.
