RADHE Vs. STATE OF M.P.

JUDGEMENT

(1.) THE Additional Sessions Judge, Manendragarh, District Korea, found the Appellant - Radhe guilty of the offence punishable under Section 302 of the Indian Penal Code (henceforth "the IPC"). THE other co-accused persons' namely Kashi and Dev Kumar were acquitted. THE Appellant was sentenced to undergo imprisonment for life with fine and default stipulation vide judgment of conviction and order of sentence dated 24-12-1999 passed in Sessions Trial No. 194/1998.

(2.) PROSECUTION version as unfolded during trial, in brief, is that on 10-11-1997 Gyan Singh (since deceased) went to Ramkhilawan's house for collecting kanda (eatable Bulb), when he did not come back till evening his father Heeralal in search of Gyan Singh, went to the house of Ramkhilawan. In the evening at around 7.00 p.m. Heeralal along with Ramkhilawan and his son Gyan Singh was returning to his house, on the way when they reached near the house of Kashi, Kashi started scolding Ramkilwan, who was refrained from doing so, therefore, a quarrel erupted. Appellant - Radhe who was carrying pharsa (one kind of an axe) and Kashi lathi, started beating. Appellant gave a pharsa blow on the leg of Gyan Singh. The leg was cut and turned into two pieces. Gyan Singh fell down, thereafter Radhe chopped his another leg and assaulted Gyan Singh with Pharsa on his thigh and other parts of his body. Heeralal came to rescue him. Dev Kumar one of the accused assaulted lathi blow on his head and also gave a blow on his left shoulder. Heeralal fell down. When Ramkhilawan intervened he was assaulted by Dev Kumar. In the meantime, Beerbalii, who is son of Ramkhilawan, came there who was also beaten by Radhe with pharsa. Kashi assaulted Ramkilwan with a club. Gyan Singh instantaneously died on the spot and others were injured. Appellant - Radhe and his associates Kashi and Dev Kumar fled away from the place of occurrence.

(3.) AFTER completion of the investigation, the charge sheet was led in the Court of Additional Chief Judicial Magistrate, Manendragarh, who committed the case to the Court of Sessions for trail. Charge under Section 323 read with Section 34 and under Section 302 read with Section 34 of the IPC have been framed against the Appellant and other co-accused Kashi and Dev Kumar, the same were read over and explained to them. All of them abjured the guilt. Dev Kumar in his defence stated that Ramkhilawan, Beerbali, Ramphal, Bhoglal, Shemlal and Gyan Singh, were drunk, they were abusing and assaulting. He abstained them from abusing, therefore, they threw him on the ground and assaulted. Accused Kashi in his defence stated that Ramkhilawan, Beerbali, Ramphal and others, who were drunk were quarreling. He intervened, therefore, Ramkhilawan assaulted on his head by a gandasa (one kind of an axe). Accused Radhe's defence was that Ramkhilawan, Heeralal and Gyan Singh, who were drunk, were quarreling with each other, who assaulted Kashi and Dev Kumar and have falsely implicated him in this case.