LAKHAN Vs. STATE OF M.P

JUDGEMENT

(1.) BY this appeal the Appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 28-2-1989 passed by the 2nd Additional Sessions Judge, Raipur in Sessions Trial No. 118/87, whereby and whereunder learned Additional Sessions Judge after holding the Appellants guilty for commission of the offence of murder, convicted them under Section 302 read with Section 34 of the I.P.C. and sentenced each of them to undergo imprisonment for life.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that the Additional Sessions Judge has not considered the case of right of private defence and committed illegality.

(3.) DEHATI Nalishi was lodged by Ramlal (PW-1) in the intervening night of 31-12-86 and 1-1-87 at about 2 a.m. vide Ex. P-1. On the basis of DEHATI Nalishi (Ex. P-1), F.I.R. was registered vide Ex. P-1(A). DEHATI Merg was recorded vide Ex. P-16 and registered merg was recorded vide Ex. P-17. Investigating Officer proceeded for the spot and after summoning the witnesses, inquest over the dead body of deceased Suryakant was prepared vide Ex. P-11. Dead body of Suryakant was sent for autopsy to District Hospital, Raipur vide Ex. P-14(A) and autopsy was conducted by Dr. K.L. Gopawar (PW-8) vide Ex. P-14 who found following injuries on the body of deceased Suryakant: