RADHESHYAM AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) These two Criminal Appeals arise out of a judgment of conviction dated 15.04.1999 under Section 302 IPC for life imprisonment, passed by the Special Judge, Raipur in Sessions Trial No. 346 of 1991.

(2.) The prosecution story in brief is that on 08.07.1991 at around 7 a.m. complainant Kala Bai (PW-12) was working in the dairy of Appellant Radheshyam, had a quarrel with another worker i.e. Appellant Santu Yadav of the same dairy. As per the prosecution, after the quarrel, complainant Kala Bai went home and informed her husband Ganpat (the Deceased) and daughter Ganesiya Bai (PW-14). Thereafter, the complainant along with her husband and daughter reached the dairy where it is said that the accused persons assaulted the complainant and her husband Ganpat with fists, blows, kicks, lathi and iron rod. In the process, husband of the complainant received grievous injuries leading to his death. The complainant and her daughter are said to have taken the body of the Deceased immediately to the hospital where he was declared to have been brought dead. Accordingly, Dehati Nalishi was lodged at around 7.30 a.m. on the same day based upon which the Police registered an FIR in Crime No.580/91 for the offence under Section 302/34 IPC. The body of the Deceased was sent for postmortem which was conducted on the same day by Dr. D. C. Jain (PW-6) vide Ex.P-6 and in the course of Postmortem the doctor found following injuries on the body of the Deceased:

(3.) In addition to the above injuries, it was found that the 3rd, 4th, 5th and 6th left ribs of the Deceased had fractured on account of which the heart got ruptured causing the death. The doctor opined that the cause of death was syncope due to rupture of heart and the nature of death was homicidal.