HEMCHAND Vs. THE STATE OF M.P.

JUDGEMENT

(1.) The Appellants stand convicted under Section 302/34 IPC to life imprisonment with fine of Rs.1000/- each, in the event of failure to pay which they were required to undergo six months further rigorous imprisonment as ordered on 24.5.1999 by the Second Additional Sessions Judge, Raigarh, in Sessions Trial No. 192 of 1997.

(2.) Pw-1, Narmada, son of the deceased Dokri Prasad, lodged Merg, Exhibit P-24 on 31.7.1997 at 13:30hrs with regard to an assault made the same morning on the deceased before PW-11, Bhuvneshwar Giri. FIR, Exhibit P-11 was registered on basis of same by the Investigating Officer PW-10, Chintamani Malakar. A land dispute existed between the parties. Whilst the deceased was having the fields cultivated, the Appellants came with a tangi and lathi respectively, asked the tractor driver to take it out of the fields. The Appellants then indulged in fisticuffs with the deceased, took him away simultaneously abusing and asking for their share of the crops and then assaulted him near the house of Appellant no.2 which was adjacent to the fields. Appellant no.1 assaulted with a tangi and Appellant no.2 with the lathi. PW-1, Narmada and PW-2, Rajkiya Bai, daughter of the deceased, were also injured when they sought to intervene.

(3.) The post-mortem, Exhibit P-12, dated 1.8.1997 of the deceased conducted by PW-7, Dr. Shailendra Upadhyay found four incised wounds on the left side of the cheek extending to the neck, above the right eye, upper part of the neck, another wound on the upper part of the neck and one lacerated wound above left eye and another abrasion over the left upper arm at the back. The frontal bone on the right side and left side were found fractured as also the right and left parietal bone, occipital bone, second cervical vertebra was cut and there was fracture of the left body of the mandible. Cause of death was opined due to syncope occasioned by excessive hemorrhage due to cutting of large vessel of the neck, homicidal in nature.