DASHARATH YADAV Vs. STATE OF C G

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment dated 6-5-2003 delivered by the 3rd Additional Sessions Judge, Fast Track Court, Mungeli, in Sessions Trial No.536/1997, whereby he convicted both the accused of having committed an offence under Section 302 of the IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.1,000/-, and in default of payment of fine to further undergo RI for six months.

(2.) Fir was lodged at the instance of the deceased himself and in this FIR, deceased Bhauram stated that he stays in Ravanbhata and in connection with his work he went to Mungeli and he was returning from Mungeli to Ravanbhata on his bicycle. He parked his bicycle in the house of Manoj and then was proceeding to his house on foot, Lakhanlal (PW-1) was walking behind him then the accused accosted him and attacked with lathis and give blows all over his body. The incident was witnessed by Lakhanlal (PW-1). In the statement, it is also recorded that there was some dispute with regard to grazing of cattle between the two sides which had earlier been resolved but the trouble had again brewed-up.

(3.) The injured Bhauram was taken to the doctor Dr. R. Bhattacharya (PW-12) who examined him and found six injuries on his person. The injuries are as follows: -