- (1.) All these three appeals arise out of the same judgment of the Division bench of the High court of Madhya Pradesh.
(2.) In respect of a riot that took place on 26/03/1978 in Village Hasrai within the limits of Police Station Rahatgarh, as many as 47 accused were charge-sheeted. It is alleged that all of them armed with lethal weapons like lathies, ballam and axe attacked one Ratansingh and inflicted several injuries on him resulting in his death. It is also further alleged that some of them poured acid in the eyes of Public Witness 2 (Shambhoo Nath Mulle) and Public Witness 3 (Harpa). The occurrence is said to have been witnessed by Public Witness 1 also apart from PWs 2 and 3. The trial court framed various charges against all the charge-sheeted accused. During the trial Public Witness 3 turned hostile and PWs 1 and 2 supported the prosecution case to some extent. The trial court convicted Phoolsingh and Bhaiyaram under section 302 read with Section 34 Indian Penal Code and sentenced each of them to undergo life imprisonment and to pay a fine of Rs. 1,000. 00, in default of payment of which to further undergo 6 months' RI. They are also convicted under Sections 307/149 and sentenced to 7 years' RI and to pay a fine of Rs. 200. 00 in default of payment of which to further undergo 2 months' RI. The trial court acquitted all the other accused. Phoolsingh and Bhaiyaram, the convicted accused filed a criminal Appeal No. 843 of 1979. The State preferred Criminal Appeal No. 1143 of 1979 against the acquitted accused. The State also filed Criminal appeal No. 1144 of 1979 for enhancement of the sentence of the two convicted accused, Phoolsingh and Bhaiyaram. The division bench of the High court confirmed the convictions and sentences awarded against Phoolsingh and bhaiyaram and accordingly dismissed Criminal Appeal No. 843 of 1979 and also dismissed Criminal Appeal No. 1144 of 1979 which was filed by the State for enhancement of the sentence of Phoolsingh and Bhaiyaram, accused. Now, coming to Criminal Appeal No. 1143 of 1979 filed by the State, the Division bench of the High court allowed the same as against Rajaram, Balloo, Parma, dina, Munna, Gulab and Kiratsingh and dismissed the same as against the other respondent-accused. The High court, however, convicted Kiratsingh only under section 326 read with Section 149 Indian Penal Code and sentenced him to 7 years' RI. The remaining above mentioned 6 accused are convicted under Section 302 read with Section 149 Indian Penal Code and each of them is sentenced to life imprisonment and under Section 307 read with Section 149 Indian Penal Code and under Section 326 read with section 149 Indian Penal Code each of them is also sentenced to undergo 7 years' RI under each count. The sentences are directed to run concurrently.
(3.) In this court Criminal Appeal No. 497 of 1982 is filed by Rajaram, criminal Appeal No. 555 of 1983 is filed by Kiratsingh and Criminal Appealno. 468 of 1984 is filed by Parma, Dina, Balloo and Gulab. Munna has not filed any criminal appeal.;