JAGDISH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) NINE appellants viz. Jagdish Singh, Narwar Singh, Yashwant Singh, Phool Singh, Dhan Singh, Karan Singh alias Kalyan, Ratan Singh, Hakam Singh and Gopal Singh, all r/o village Nadia, P. S. Suvatala, Distt. Narsinghpur have preferred this appeal against the Judgment and findings dated 26-4-1986, in S. T. No. 46/85, of the Court of A. S. J. , Narsinghpur. 28 accused were charge-sheeted for committing offences under sections 147, 148, 302 and 302/149, Indian Penal Code. 19 have been acquitted, and the nine appellants abovesaid have been convicted and sentenced as below:

(2.) IT is common ground that Diwan Khadag Singh (deceased) though resident of Imjhara, lived alone at village Nadia at the house where this incident is alleged to have occurred. P. W. 1 Kasim Khan was his "karinda", and P. W. 5 Kubchandra was deceased's servant and used to cook meals. P. W. 11 Tawalsingh was also a "harwaha", (i. e. agricultural labourer) of deceased Khadagsingh. On the relevant date ie 6-2-1985, the appellant Jagdish Singh was Sarpanch. It is also not in dispute, that some Chamars of that village had encroached upon the Government land and had also grown crop. The Naib Tahsildar had issued notice for eviction of those persons from the Government land.

(3.) P. W. 12 Narmada Prasad, Head Constable No. 94 of P. S. Suatala, along with Ramcharan P. C. were detailed for the duties to maintain law and order, and were given one rifle each with 50 rounds (refer Para 2o f PW 4 ).