Arijit Pasayat, J. - (1.) Communal disturbances have taken ll of many lives at different times. This a said reflection on our society, though the Constitution of India, 1950 (in short the Constitution) underlines in no uncertain terms that ours is a secular country, where caste, creed and religion cannot and do not have nay differentiating base. One Rajunath (hereinafter referred as the deceased) lost his life on account of communal disharmony and another Narish Chandra (PW-1) was seriously injured. Accused persons were stated be the authors of the crime, who committed offences punishable under302 and 307 read with34 of the Indian Penal Code, 1860 (for short the IPC).
(2.) Prosecution version as unfolded during trial is as follows: On 21.10.90 at about 2.30 p.m. there was rising of tension on account of communal feelings in Sandhwa which is a highly sensitive wn. Around mid-day, some dispute arose between two communities and in that dispute one person belonging a particularly community was murdered and this news spread far and wide. several incidents followed in quick succession. Some parts of the market were closed, some were in the process of being close down when police force started taking action. PW-1 runs a barter shop. He was leave for Shastri colony which was situated at a short distance from his shop. The deceased also lived in the same locality. At about 2.30 p.m. the deceased and PW-1 were returning home after closing their shops. When they were near the Dak Bungalow, the accused persons surrounded them and started inflicting injuries indiscriminately. The injured and the deceased tried save their lives and started running away. The occurrence was witnesses by Mitthu Sharma (PW-2) and Premchand (PW-8). One Satyanarayan also witnessed the occurrence. PW-8 informed PW-1s brother Sansh (PW-4), who went the police station and his statement was recorded at about 2.45 p.m. At about 2.00 p.m., 144 of the Criminal Procedure Code, 1973 (for short the Cr.P.C.) was promulgated and after short time curfew was also imposed by the administrated and after short time curfew was also imposed by the administration bring the tense situation under control. The investigating officer PW-18 reached the spot of occurrence and sent the deceased and the accused the hospital. On the basis of information lodged investigation was undertaken and charge sheet was filed. Accused persons pleaded innocence. It is be noted that post-mortem was conducted by PW-15 on the deceased and PW-16 examined injured PW-1. The trial Court found that the prosecution version was not supported by cogent evidence and accordingly directed acquittal.
(3.) The State of Madhya Pradesh preferred appeal before the High Court which by the impugned judgment set aside the acquittal; but held that the case is not covered by302 IPC but is covered by324 and sentenced the accused undergo RI for 2 years and pay a fine of Rs. 2,000/-. It was further directed that in case of recovery of the amount the same was be paid the widow of the deceased if he happened be married, and if not, be paid his parents or any one of them who happened be alive. Out of the fine recovered a sum of Rs. 2,000/- was also directed be given PW-1. It is noted that the High Court held that the accused persons were guilty of offence punishable under324 IPC as aforesaid for causing injuries the deceased as well as PW-1.;