STATE OF MADHYA PRADESH Vs. JHADDU
LAWS(SC)-1990-9-59
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on September 12,1990

STATE OF MADHYA PRADESH Appellant
VERSUS
Jhaddu Respondents


Cited Judgements :-

VISHNU MOHAN VS. STATE NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(DLH)-2001-5-153] [REFERRED TO]
BARKAU ALIAS RAJ KUMAR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1992-5-29] [REFERRED TO]
YUSUF ALADEEN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-4-48] [REFERRED TO]
UMED SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-5-133] [REFERRED TO]
PHULCHAND VS. STATE OF CHHATTISGARH [LAWS(CHH)-2005-8-25] [REFERRED TO]
SANJAY VS. STATE [LAWS(DLH)-2015-7-177] [REFERRED TO]
RAMASHRAYA VS. STATE OF MADHYA PRADESH [LAWS(SC)-2001-2-7] [REFERRED TO]


JUDGEMENT

- (1.)These appeals are filed against the order of acquittal passed by the High court of Madhya Pradesh setting aside the convictions and sentences passed by the trial Judge against the respondents. All the respondents were tried by the trial court for offences punishable under S. 148 and S. 302 read with Section 149 IPC.
(2.)The prosecution case is that the accused are all interrelated and they belong to one faction. The other faction was headed by the deceased. There were constant conflicts between the parties. On the night of 5/01/1972 all the accused gathered and conspired to kill the deceased the next day. When the deceased and Public Witness 1 went outside the village all the accused, who were hiding, attacked him. Some of them were armed with ballams and others were armed with axe and lath is. PWs 1 to 5 saw the assault. Seeing the villagers the accused left the scene. PW i went to the police station and gave a report. An inquest was held over the dead body. The doctor, who conducted the post-mortem, found some burn injuries and only two incised injuries and two contusions. On interregnal examination there was fracture of ribs. The burn injuries was stated to be due to pouring of acid. The doctor opined that injury No. 4 was sufficient in the ordinary course of nature to cause death. After investigation the chargesheet was filed. The learned trial Judge found six of the accused guilty for the offence of murder and convicted them under Section 148 and S. 302 read with S. 149 Indian Penal Code and sentenced them to undergo imprisonment for life. The remaining seven accused were acquitted of all the charges. The convicted accused as well as the State a filed appeals against acquittal. The High court, on the facts and circumstances, held that the six accused are liable for offence under S. 304 part II read with S. 149 IPC. In arriving at such a conclusion the high court opined that the assailants did not have the intention to kill but by use of lathis on a vital part like chest resulting in fracture of ribs b and laceration of lungs, they could be imputed with the knowledge that the death was the likely result. The High court dismissed the appeal filed by the State. The High court having altered the convictions of the other accused to S. 304 Part II read with S. 149 Indian Penal Code sentenced each of them to undergo 10 years rigorous imprisonment. Now the State has c come forward with these appeals against acquittal of those six accused of the murder charge.
(3.)The medical evidence shows that there are four injuries apart from the two burn injuries. Two of them are incised wounds and two are contusions. Having regard to the nature of the injuries, the High court has rightly held that the death was not caused intentionally. Consequently the respondents are rightly convicted under S. 304 Part II read with S. 149 IPC. The sentence passed also is substantial. Therefore we see no ground to interfere after nearly 11 years. Accordingly, all these appeals are dismissed.
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