SHRIRAM Vs. STATE OF M.P

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction and order of sentence dated 20-8-1990 passed by the 4th Additional Sessions Judge, Bilaspur in Sessions Trial No. 298/1987 whereby and where under learned Additional Sessions Judge after holding the Appellants guilty for commission of offence under Sections 302 and 147 of the I.P.C., sentenced the Appellants including Appellant No. 4 Ghurauram (since deceased) to undergo imprisonment for life and R.I. for one year, respectively. The Additional Sessions Judge also convicted Appellant No. 1 Shriram under Section 323 of the I.P.C. and sentenced him to undergo S.I. for one year.

(2.) JUDGMENT is challenged on the ground that without any proof of intention for commission of the murder, the Court below has convicted and sentenced the Appellants as aforementioned and thereby committed illegality.

(3.) CASE of the prosecution, in brief, is that on the fateful day of 14-7-87 at about 7 p.m. the Appellants assaulted Chiburam (since deceased), their relative, with sticks as a result of which Chiburam fell down and died instantaneously. The matter was reported on second day at Outpost Hardibazar of Police Station Korba vide Ex.P-19. The investigating officer left for the scene of occurrence and after summoning the witnesses vide Ex.P-3, prepared inquest over the dead body of Chiburam vide Ex.P-4. The dead body was sent for autopsy vide Ex.P-20 to Primary Health Centre, Korba and the autopsy was conducted by Dr. G.L. Wadhwani (P.W. 6) vide Ex.P-20A who found following injuries: