- (1.)MOOLCHAND (67 years), his son Chainsingh (18 years), his wife Mst. Ram Piyari (aged 62 years), and his two graziers, Sk. Majeed (18 years) and Sk. Jameel (42 years), all of Sehore, are convicted by the Sessions Judge, Bhopal of three offences viz. , Section 147 (rioting), Section 325 (voluntarily causing grievous hurt) and Section 307 (attempt to commit murder) the latter two read with Section 149, IPC Each of them is sentenced to suffer rigorous imprisonment for a period of one year Under Section 147, two years Under Section 325/149 and 5 years Under Section 307/149, the imprisonment as against the male accused being rigorous and as against Mt. Ram Piyari being simple. For the offence of Section 325/149 each of them is in addition fined Rs. 50/- or two months rigorous imprisonment in default, that as against Rampiyari being simple. All the sentences are to run concurrently.
(2.)THE case for the prosecution was that Mool-chand and others had assaulted some Bhois a few days before the day of occurrence and the complainant Jamna Prasad (P. W. 1) had witnessed the assault and during the investigation of that offence the police had called Jamna Prasad to meet them at the Octroi Post in the noon of Sunday, 1-71951. Accordingly Jamna Prasad accompanied by his lessee Mohd. Ali alias Ayya Mian (P. W. 6) was proceeding towards the Octroi Post at about 12 noon and had gone as far as a, garden named 'gitti Wali Bagia' at a distance of about 150 paces from Jamna Prasad's house when he found all the five accused near the road all armed with 'lohangis' (iron shod lathis) except Mt. Rampiyari who had a bamboo 'danda',
(3.)ACCORDING to the prosecution with the common object of causing the death of Jamna Prasad, so as to prevent him from giving his statement to the police, all the accused pounced upon Jamna Prasad and belaboured him with 'lohangis' and 'lathis' and continued to do so even after he fell down unconscious and Ayya Mian threw himself on Jamna Prasad in order to protect him. Some people, however, were seen running down to the place and the accused left. Jamna Prasad was taken to the police station, Sehore where Mohd. Ali alias Ayya Mian lodged a report at about 1 p. m. the same day and when Jamna Prasad was examined at the hospital by Dr. Samad (P. W. 2) the Assistant Medical Officer, as many as 30 injuries including two contusions on the head and a fracture of rib and ankle-bone were found on his body and he had to be detained in the hospital for treatment for about a month.
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