SHYAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment of conviction and order of sentence dated 28th August, 1990 passed in S.T. No.91/1987, whereby the learned 3rd Additional Sessions Judge, Raipur Camp Balodabazar, after holding the appellants guilty for commission of offence punishable under Section 302 read with Section 34 of the IPC, sentenced them to undergo life imprisonment & to pay a fine of Rs. 100/- each in default of payment of fine to further undergo additional R.I. for 1 month.

(2.) Case of the prosecution, in brief, is that on 3.2.1987 at about 10-11 a.m. deceased-Ramlal was grazing his cattle, near the field of the appellants, while the appellants were harvesting Tiwara crop in their field. Moti was taking his cattle across the bund of the field of the appellants and some of cattle entered the field of appellants. At this, appellants warned Moti and caught hold of him. It is said that Ramlal arrived at the spot in the field of appellants to rescue Moti and resisted the appellant to avoid quarrel, whereupon appellants started assaulting Ramlal with the help of club leading to death of Ramlal on the spot. Jhabbu (P. W. 1), Panch of the village, at the relevant time was at his residence. Nandu informed him about the incident, upon which he proceeded to the place of incident. While on way, he met Firtu, who also informed him about the incident. When they arrived at the spot, they found Ramlal lying dead, whereupon, first information report of Ex.P-1 was lodged by Jhabbu (P. W. 1) in the police station. By the first information report it was reported by Jhabbu that while he was processing Rahar at home, Nandu came and told that the appellants entered into quarrel with the deceased Ramlal. He was also told that the incident has taken place at Bharri Khar, whereupon he proceeded to the place of incident along with Hajari Rawat and on way Firtu and Gosai met and told that deceased Ramlal was assaulted by the appellants and he has died. When they arrived at the spot they found that Ramlal was laying dead in the field at Bharri Kharr and blood was oozing out form his mouth. Whereupon after informing Kotwar, report was lodged in the police station vide Ex.P-1.

(3.) Appellant- Samaylal was sent for medical examination to Dr. Ghanshyam Agrawal (D.W.I), Asst. Surgeon, Primary Health Center Palari, who after examination of the injuries found one bruise- size of 3 x 2 cm. present over left side of neck over the sterno mastoid muscle. It was remarked that the injury was simple in nature and likely to be healed within 7 days in case no complication occurs. The duration of injury was found to be 12 hrs. and that the same was caused by hard and blunt object. Appellant Balaram was also sent for medical examination vide Ex.P-20 and the doctor after examination has found a lacerated wound of 3 x 1/2 cm., scalp deep obliquely placed on the right parietal region 2 cm. away from the hare line. The doctor remarked that the injury is simple in nature and likely to be healed within 10 days if no complication occurs. The duration of injury was found to be 12 hrs., caused by hard and blunt object.