TRINATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 27th April, 1998, passed by the 1st Additional Sessions Judge, Bastar at Jagdalpur in S.T. No.465/96 whereby learned 1st Additional Sessions Judge convicted the appellants under Section 302 and 302/34 of the IPC respectively and sentenced them to undergo imprisonment for life.

(2.) Three accused persons namely, Trinath, Phoolsingh and Khuti have committed murder of deceased Kamlochan at about 4 pm on 28.8.1996. As per the merg intimation and FIR Ex.-P/5 & P/1 respectively, case of the prosecution is that three accused persons came to the residence of the deceased at 2 pm and requested him to accompany them for outing. However, the deceased refused on account of the fact that he was tired as he had returned from the night duty. When the deceased refused to accompany them, all the accused persons abused and assaulted him by hands, fists and club. They again came back at 4 pm, appellant Trinath dragged the deceased out of his house by encircling a belt around his neck and thereafter Trinath assaulted him by club. Appellant No.2 Phoolsingh and third accused Khuti assaulted him by hands, fists and kicks. The deceased was treated by his wife in their residence. However, he could not survive and succumbed to the injuries on the next day i.e. 29.8.1996 at about 18.10 hours.

(3.) In course of investigation, the prosecution recorded memorandum statement of appellant No.1 Trinath vide Ex.-P/3 and recovered belt and club from his possession vide Ex.-P/4. The SHO prepared crime detail form containing spot map vide Ex.-P/8. The dead body of the deceased was sent for postmortem examination on which report Ex.-P/10 was submitted by Dr. Vijay Thakur (PW-7). The prosecution recorded case diary statements of the witnesses and on completion of the investigation filed the charge sheet. The appellant abjured the guilt and examined 2 defence witnesses namely, DW-1 Manchit and DW-2 Sukdev.