SHIVRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22nd of February 1996 passed in ST. No. 34/1993 by the Additional Session Judge, Khairagarh, Camp Court, Kawardha. By the impugned judgment, the appellants have been convicted and sentenced in the following manner with a direction to run the sentences concurrently:

(2.) Mr. Surendra Singh, learned Senior Counsel appearing on behalf of the appellants, argued that there is no evidence of formation of unlawful assembly; it was a case of free fight, in which, 3 appellants namely Shivram (A-1), Prabhu (A-4) and Genduram (A-5) also received injuries, therefore, there is no question of conviction with the aid of Section 149 IPC. So far as conviction under Section 302 IPC is concerned, he argued that it was not proved as to who caused injury on the skull of the deceased, which proved fatal; the deceased had received only two external injuries, which were simple and the injury to the skull could have been caused by sudden fall as admitted by the Autopsy Surgeon. He further argued that in absence of any corresponding external injury to the internal fracture sustained in the skull of deceased Mahabir, no one could be convicted under Section 302 IPC and in the above facts and circumstances, the appellants would be liable for punishment for their individual acts.

(3.) On the other hand, Mr. Ravindra Agarwal, learned Panel Lawyer appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Session Court.