DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed the present Criminal Appeal to challenge the order of conviction under Section 302, IPC and sentence of Life Imprisonment passed vide Judgment and Order dated 04.12.2008 by the Jabalpur Bench of the Madhya Pradesh High Court in Criminal Appeal No.206/1994. The High Court has affirmed the Judgment passed by the Sessions Court.

(2.) The present appeal arises out of FIR No. 86/1991 lodged on 19.12.1991 at 4:20 p.m. under Sections 341, 323, 325, 307 read with 34 IPC by the deceased - Ghansu himself. Ghansu, in his F.I.R, stated that on 19.12.1991 he had gone to Ishanagar Police Station to file a Report against appellant No.1 - Dayaram Yadav for having beaten his son Chandu. On his way back from the Police Station, at about 3:00 p.m., near Nahar ki Puliya, both the accused viz. Dayaram and Parsu Yadav were hiding in the bushes with lathis. Both of them waylaid him started hitting the deceased with lathis on his head, hands, legs and body which led to severe bleeding. Ghansu fell unconscious. The accused assumed that the Ghansu had died, and threw his body into the canal, and fled from the scene. While Ghansu was in the water, he regained consciousness and cried for help. Ghansu stated that Chouda Chamar - P.W.9, Thakur Sunla Kumar, Lula Kumhar and Ramlal Kumhar reached the site of occurrence and rescued him. Ghansu stated that the beating was given with a motive to eliminate him completely.

(3.) Ghansu was taken to the Ishanagar Police Station where the F.I.R was lodged. Thereafter, he was taken to the Primary Health Centre, Ishanagar for treatment.