BUDHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 26.02.1998 passed by the Third Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No. 147/1994, whereby the learned Additional Sessions Judge, convicted the appellants for the offence punishable under Section 307 read with 34 IPC and sentenced each of them to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 500/- with default stipulation.

(2.) Appellant Mangal Singh died during pendency of this appeal on 05.07.2005, therefore, the instant appeal so far as it relates to him is abated.

(3.) The case of the prosecution in brief is that Chamruram (PW-1) was a resident of village Kanjipani Nayapara and was doing agricultural work. A year before the date of incident, after the cock fight, Chamruram (PW-1) was returning with his cock from Misiras. Appellant No.1 Budha met him on the way in the Jangal and demanded the cock from him and on his refusal, Appellant Budha chased him to assault. On this, Chamruram (PW-1) fled from there and hid in the Jungle. Prior to one and half month of the date of incident, on the day of Nayakhani, Chamruram (PW-1) was sleeping in his house in the night. At that time, Appellant Budha armed with an Axe entered the house of Chamruram (PW-1). He was caught by the son of Chamruram (PW-1) Daso. Daso called village Kotwar Asman, Ramdhar, Kushalram and Govind. On being asked, Appellant Budha told that he did not know why had he come and asked for return of his Axe and said that on non-return of his Axe he would hang himself. On this, the villagers returned his Axe and he went from there. On the date of incident, i.e., 15.11.1993, Chamruram (PW-1), after taking dinner, had burnt fire in the Kothar of his Badi and was sleeping near the fire in the night. At about 10 PM, on being assaulted on his neck by an Axe, he got up and saw in the light of the fire that appellants Budha and Mangal Singh were standing there and they were armed with Axes. Appellant Budha assaulted him on his back with the Axe. After the assault, he caught the Axe and snatched the same from Appellant Budha. At the same time, Appellant Mangal Singh tried to assault him on his ribs with the Axe in his hand, but the Axe dashed with the wood kept nearby due to which the handle of the Axe of Appellant Mangal Singh broke. Chamruram (PW-1) shouted. On this, both the appellants left their axes there and Appellant Budha left his towel also there and they fled from there. The appellants assaulted Chamruram (PW-1) with a common intention to kill him. On shouting by Chamruram (PW-1), his elder brother Bhagirathi and his sister-in- law (Bhabhi) Aasmati (PW-2), Kushalram, Ramsingh, Patel laxman, old Sarpanch Gyandhar and Kotwar Aasman came there. The distance between the Police Station and the place of occurrence was 25 Kms. On 16.11.1993, at 10.45 AM, Sub Inspector Indrapal Singh Paikra (PW-3) recorded Dehatinalishi (Ex.P-1) on the oral statement of Chamruram (PW-1). Injured Chamruram (PW-1) was sent to the hospital for medical examination vide Ex.P.-2. Dr. Arvind Chouhan (PW-4) examined him and gave his report (Ex.P-15). Dr. Arvind Chouhan (PW-4) in his report opined that the injuries were caused by hard and sharp object and the injuries were grievous in nature and dangerous to life. The condition of the patient was serious so he referred him to Maharani Hospital Jagdalpur for further treatment. The doctor has verified his report (Ex.P-15).