GANESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21-6-1995 passed by Session Judge, Bilaspur in Session Trial No.426/1991. By the impugned judgment, appellant<APL>Ganesh</APL>has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) CASE of the prosecution, in brief, is as under: On the fateful day, i.e., 13-4-1991, at about 4:30 P.M., deceased Shyamsunder was taking meals at his house. At that time, one Mehtar boy was throwing stones in the bush behind the house of the deceased for taking out his kite. The stones were falling on the roof-tiles of the house of the deceased and breaking the tiles. The deceased went to stop the boy throwing stones. His wife Surajabai (PW-1) accompanied him. The deceased asked the boy to stop throwing stones and take out the kite by climbing on the tree. At that time, the appellant and his brother Ballu alias Naresh Kumar (co-accused), armed with Lathi, came there from their house. The appellant assaulted the deceased with Lathi first, due to which, the deceased fell down. On this, Surajabai (PW-1) shouted. The appellant and the co-accused chased her. After running to some distance, she stopped. In the meantime, daughter of the deceased, namely, Ranibai (PW-4) also came there. Both, the appellant and the co-accused gave Lathi blows on the head of the deceased. On account of this, the deceased died there. Surajabai (PW-1) lodged the First Information Report (Ex.P-1) on the date of incident itself. Merg Intimation (Ex.P-12) was also recorded. The investigating officer reached the place of occurrence, gave notice (Ex.P-3) to Panchas and prepared inquest (Ex.P-4) on the body of the deceased. Dead body of the deceased was sent for post mortem examination to Government Hospital, Bilaspur vide Ex.P-14. Post mortem examination was conducted by Dr. K.K. Sao (PW-5), who gave his report Ex.P-14A. He found (i) one depressed fracture on the right side of face over the maxilla and mandible, right eye ball was pushed inside, (ii) lacerated wound on the right side of face 5"x1+" vertical in position bone deep, (iii) lacerated wound over chin transversely situated 3"x1" irregular bone deep, (iv) lacerated wound below the angle of right mandible 1"x,", (v) lacerated wound on the right ear lobule 1"x,", (vi) lacerated wound on the right side of occipital region 2"x+" scalp deep, vertically situated and (vii) lacerated wound behind the right ear transversely present 1"x+". He opined that cause of the death was head injury causing syncope. In further investigation, plain earth and blood stained earth were seized vide Ex.P-5. Memorandum statement (Ex.P-8) of the appellant was recorded under Section 27 of the Evidence Act on 14-4-1997 and at his instance, a Bamboo (Lathi) was seized vide Ex.P-10. The seized articles were sent for chemical examination to Director, Forensic Science Laboratory, Sagar vide Ex.P-17 and a report Ex.P-18 was received. In the FSL report Ex.P-18, articles A, D, E1, E2 and G1 to G5 were found stained with blood. After completion of the investigation, charge-sheet was filed against the appellant and the co-accused in the Court of Chief Judicial Magistrate, Bilaspur, who, in turn, committed the case to the Court of Session Judge, who conducted the trial and convicted and sentenced the appellant as mentioned above. The learned Session Judge acquitted co-accused Ballu alias Naresh Kumar of the charges framed against him.

(3.) ON the contrary, Shri Ashish Shukla, learned Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Session Judge, do not warrant any interference by this Court.