ADHHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Addha, son of Rooplal, was tried by the First Additional Court of Sessions, Mandla [Madhya Pradesh], along with four others, for the offence punishable under Section 302 read with Section 149 IPC. The Sessions Court held that there was no unlawful assembly as alleged by the prosecution and the appellant was found guilty of the offence punishable under Section 302 for having caused the death of one Sher Singh. Two other accused, namely, Rooplal and Buddhulal were found guilty of the offence punishable under Section 324 IPC. The conviction and sentence of the accused were confirmed by the High Court.

(2.) The incident in question took place on 19-7-1986 at about 9.00 PM. PW1 Jugal Kishore, along with PW3 Mishridas, was returning from the nearby flourmill and they saw accused Buddhulal in a wordy altercation with PW4 Pancham. Jugal Kishore intervened and tried to dissuade them from quarrelling. At that time, Buddhulal's father Rooplal came there and took his son to his house. But on reaching their house, Buddhulal and Rooplal started hurling abusive words at PW1 , Jugal Kishore. On hearing this, deceased Sher Singh, PW2 Gulab and some others persons came to the place of occurrence and there ensued a quarrel. It is alleged that while Buddhulal was armed with an axe, Rooplal was armed with a Bichua and Addha was having a Lathi. It is the prose- cution's case that Rooplal inflicted an injury on PW1 Jugal Kishore and Buddhulal dealt a blow on the arm of Gulab. It is also the prosecution's case that Addha dealt 2-3 blows on the head and chest of the deceased Sher Singh. Deceased Sher Singh fell on the ground. He was taken to the nearby hospital where he was declared dead.

(3.) On the next day by about 9.20 AM, PW1 Jugal Kishore gave the F. I. statement before the police and PW6, Sub-Inspector of Nainpur Police Station, took over the investigation. He held inquest on the body of the deceased and the dead body was then sent for post mortem examination. PW 8 conducted the post-mortem and it was revealed that 7th and 8th ribs of left side of the chest of the deceased were fractured. PW8 deposed that the injuries on the head and the ribs were sufficient in the ordinary course of nature to cause death of the victim.