JAILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this appeal, accused/appellants Jailal and Rohit Ram have questioned the legality of judgment of conviction and order of sentence dated 27 -8 -1997 passed by learned Additional Sessions Judge, Bilaspur in Sessions Trial No. 336/1991 whereby learned Additional Sessions Judge after holding the accused appellants guilty for commission of the offences convicted them under Sections 302/34 and 323/34 of the IPC and sentenced each of the accused person to undergo imprisonment for life and RI for one year respectively on both counts.

(2.) THE case of the prosecution in brief is that injured Lalsai made a First Information Report in Police Station, Seepat on 31st May, 1991 at about 2.45 p.m. to the effect that a day before thereto in the night at 9.00 p.m. there was a Panchayat of the community in the thrashing field of the deceased as there was some dispute between Bhojram and Udayram. During that period sons of Bhojram namely Jailal Yadav and Rohit Yadav appeared on the scene of occurrence. Jailal picked up a wooden club, which was fixed on the ground and Rohit brought a lathi from his house and they were prepared to beat Udayram on which he tried to intervene and on this Jailal attacked on the left side of his neck with the wooden club. He also attacked on his left forearm. By the time other persons could intervene, third time he assaulted him on his head and as a result of which he fell down. Jailal and Rohit were saying that "finish this old man". By that time his son -in -law namely Daduram came there, Jailal attacked him also on his head with wooden club. When Jagmohan Yadav came there Jailal also attacked him with wooden club on his chest. Accused Rohit assaulted Munudai with lathi. The Station House Officer, on the basis of this report, registered First Information Report (Exh. P -22) for commission of the offences under Sections 307 and 323 read with Section 34 of the IPC and took up investigation. Injured persons namely, Lalsai, Munudai, Daduram and Jagmohan were sent for medical examination to District Hospital, Bilaspur where injuries were examined by Dr. G. Venkatesh (P.W. 10) and injury reports Exhs. P -23, P -24, P -25 and P -26 were prepared. However, Jailal was admitted in the hospital who succumbed to the injury sustained by him. Post -mortem of the body was conducted by Dr. K.K. Sao (P.W. 16) and the post -mortem report (Exh. P -12) was prepared. The doctor who conducted the post -mortem found that there was a lacerated wound in the size of 2 x 1 inch on the vertex of the deceased and humorous bone of left hand as well as the right parietal region was found fractured and blood was found clotted in his extra dural part. Cause of death was coma as a result of head injury which was sufficient to cause death in the ordinary course of nature.

(3.) THE Investigating Officer during investigation took into possession wooden club used by Jailal and lathi used by Rohit as the weapon of offence in the crime in question. After completion of the investigation, the charge -sheet was filed against the accused Jailal and Rohit in the Court of Judicial Magistrate, Bilaspur who committed the case to Sessions Judge, Bilaspur from where learned Additional Sessions Judge received the case on transfer for trial.