UDAY UMESH LALIT,J. - (1.) This appeal, at the instance of Devilal son of Chetaram Gujar and his two sons Gokul and Amrat Ram, is directed against the judgment and order dated 14.09.2006 passed by the High Court High Court of Madhya Pradesh, Bench Indore in Criminal Appeal No.700 of 1999.
(2.) The appellants along with one Gattubai, wife of accused Devilal, were tried in Special Offence Case No. 88 of 1998 in the court of Special Judge (SC/ST), Mandsaur, Madhya Pradesh under Sections 302 read with 34 of the Indian Penal Code (for short, 'IPC') and Sections 3(1)(10) and 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SC/ST Act', for short).
(3.) The instant crime arose out of F.I.R. No.212 of 1998 registered at 11.10 p.m. on 19.07.1998 with Police Station Manasa, District Neemach, Madhya Pradesh. The reporting made by one Ganeshram was to the following effect:- "I am resident of village Khera Kushalpura. On 14.7.98, there had been quarrel between Devilal son of Jetram Gurjar and me in village Khera Kusalpura. Today, in the evening I was coming from Binabas after doing my work and going by walk to my house. At about 8 p.m., while going towards my house on public road when I had reached in front of the house of Devilal Gurjar then after seeking me Devilal armed with Kulhari, his son Gokul armed with Talwar and Amritlal armed with lathi had come there. Devilal had abused me and called me as Chamar and stated that Chamars have advanced too much. He told me that he shall finish me. He had attacked me from sharp side of Kulhari with intention to kill me. The first blow hit me on the bone (calf) of right leg. Gokul had given second sword blow on my bone (calf) of left leg. My both legs were cut and I fell down there itself. Then Amritram had given lathi blow on my right fist and left hand and my right fist was fractured. These persons had again called me Chamar and told me that if I shall fight with them again. They had kicked me on my face below both eyes and there is swelling. Then I shouted for help. My mother Gattu Bai, wife Sajan Bai and sisterin- law Saman Bai had run from home and reached there, they protected me. When Saman Bai was protecting me then Devilal had given blow on her left elbow. Later, my mother, wife and sister-in-law lifted me and taken me to home. Kanhaiyalal had brought tractor from Barbua. ...Satyanarain, my sister-in-law Saman Bai have put me in the tractor and brought me to police station. I am lodging report, I have heard the report, it is correct. Action may be taken. My hand is fractured and I cannot sign. I have put my thumb impression.";