BAGAR SHIVRAM Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, the appellants have challenged the legality and propriety of the judgment of conviction & order of sentence dated 22.5.1989 passed by the Second Additional Sessions Judge, Ambikapur in Sessions Trial No. 111/87 whereby & where under learned Second Additional Sessions Judge after holding appellant No.1 Bagar guilty for commission of offence punishable under Section 302 of the Indian Penal Code and appellants No.2 Shivram and deceased appellant No.3 Kandu for commission of offence punishable under Section 302/34 of the Indian Penal Code, sentenced them to undergo imprisonment for life.

(2.) Judgment & order are challenged on the ground that without there being any credible and clinching evidence sufficient for conviction against the appellants, the Second Additional Sessions Judge has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Case of the prosecution in brief is that deceased Choya was issueless. Appellant Bagar, son of deceased appellant Kandu was residing with him since 10 years. In the year 1986, appellant Bagar demanded partition of the land from deceased Choya and inflicted injury to him. The deceased ousted appellant Bagar from his house. On 30.3.86 at about 5.30 p.m., deceased Choya was coming with dry grass (paira). While he was passing in front of the house of Bharthari, appellant Bagar assaulted him over his right temporal region, neck and right hand by axe. He fell down. Handle of axe was broken in two pieces. Appellant Bagar took piece of handle of axe and fled away from the spot. Witness Bharthari, his wife and daughter had seen the incident and shouted, then Moharsai came there. At about 1 a.m. Puran (PW-1) has lodged the FIR vide Ex.P/1. Merg intimation was also recorded vide Ex.P/14. Investigating officer proceeded for the scene of occurrence. After summoning the witnesses (Ex.P/2), inquest over the body of Choya was prepared vide Ex.P/3. Bloodstained soil, plain soil and one axe with broken handle were recovered from the spot vide Ex.P/4. Dead body of the deceased was sent for autopsy vides Ex.P/10 to Assistant Surgeon, Ambikapur. Dr. R.K. Pandey (PW-8) has conducted autopsy vide Ex.P/11 and found following injuries:-