DADURAM ALIAS MOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 25-8-1989 passed in Sessions Trial No. 24/89 by the First Additional Sessions Judge, Bilaspur. The learned trial Judge, after holding the appellant guilty of the offences punishable under Sections 304, Part I and 323 of IPC, sentenced him to undergo RI for seven years and RI for six months, respectively. He also directed the sentences to run separately.

(2.) The case of the prosecution is that 4-5 days prior to 15-10-1988, the accused-appellant, showing his right over the open land (Kotar) of the deceased Sudarshan, had made some fencing by plantation on which deceased Sudarshan had resisted. But, the dispute between them continued and on 15-10-1988 when the accused again went to the said Kotar and started working over the land, the deceased again resisted, due to which certain quarrel took place and in the said quarrel the accused gave two pickaxe blows to the deceased causing injuries over his head and right hand. Lachanbai (PW1), the wile of the deceased went to intervene, on which the accused also caused injury to her. The matter was reported to the Police Station by lachanbai (PW-1) on which FIR (Ex-P/15) was recorded. Lachanbai was sent for medical examination under Ex.P/6 and deceased was also sent for medical examination. The injury report of Lachanbai was prepared vide Ex-P/7 and the injury report of the deceased was prepared vide Ex-P/8. Thereafter, the deceased was referred to the Government Hospital, Bilaspur where he died on 18-10-1988. His body was sent for post-mortem under Ex-P/12. The postmortem was conducted by Dr. P. C. Gupta who after conducting the post-mortem prepared his report under Ex-P/12A and opined that the cause of death was due to shock and haemorrhage resulting from the injuries to vital organs like brain and skull. After completion of the investigation by the police, charge-sheet was filed in the Court of J.M.F.C., Bilaspur, who in turn committed the case to the Court of Session, from where the case was received by the First Additional Sessions Judge, Bilaspur who framed the charges for the offences under Section 302 read with Section 323 of I.P.C. and conducted the trial. After completion of the trial, the accused was convicted and sentenced as aforementioned.

(3.) The conviction and sentence of the accused is based upon the testimony of the two eye-witnesses, namely, Lachanbai and Fudeshanram (PW-2). PW-1 Lachanbai is the wife of the deceased and PW-2 Fudeshanram is the brother of the deceased.