BAIJNATH Vs. STATE OF M.P.

JUDGEMENT

(1.) THESE appeals have been directed against the judgment dated 21st of December, 1995 passed in Sessions Trial No. 55/1993 by the Additional Sessions Judge, Surajpur, District Sarguja (C.G.) By the impugned judgment, appellant- Jodha @ Dilbaran has been convicted under Section 302 IPC and appellant- Baijnath has been convicted under Section 302/34 IPC and both have been sentenced to undergo imprisonment for life.

(2.) THE facts, briefly stated, are as unden- Deceased- Mohan was husband of Subesh Bai (P.W.3). They were residing together in village- Karauti. The case of the prosecution is that on 12.04.1992 at about 8 p.m., appellant- Jodha @ Dilbaran tried to outrage the modesty of Subesh Bai (P.W.3). When she resisted, Jodha @ Dilbaran along with his father- Baijnath came to her house, Jodha @ Dilbaran was holding a Gupti having wooden cover. The allegations are that Baijnath caught hold of the deceased and Jodha @ Dilbaran assaulted the deceased by Gupti on his chest. In fact, Gupti pierced pericardial cavity and it also pierced into right ventricle. Mohan succumbed to the above injuries. The incident was witnessed by Subesh Bai (P.W.3). On hue and cry, many villagers gathered there. Subesh Bai (P.W.3) narrated the story to Jagarsai (P.W.2), who lodged the F.I.R. (Ex-P-2) The learned Session Judge mainly relied on the testimonies of Subesh Bai (P.W.3), Heera Chand (P.W5) and Jagarsai (P.W.2) and held that it was established that appellant- Baijnath caught hold of the deceased and then appellant- Jodha @ Dilbaran assaulted the deceased by Gupti, therefore, they were liable for punishment as above.

(3.) ON the other hand, Mr. Kishore Bhaduri, learned Additional Advocate General appearing on behalf of the State, opposed these arguments and supported the judgment passed by the Sessions Court.