SHYAMLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 25.2.1992 passed by the learned Additional Sessions Judge, Bastar (Kanker) in S.T. No. 196/1989, whereby the learned Additional Sessions Judge has convicted the Appellants for commission of offence punishable under Section 323 of the IPC and sentenced each of them to pay a fine of Rs. 1000/-, in default of payment of fine to undergo S.I. for 50 days each.

(2.) THE prosecution story, in brief, is that Kumar (P.W. 1) Goverdhan (P.W. 5), Poyami Hadma (P.W. 8), Lakhma, Pyarelal and Somnath (P.W. 6), who were under trial prisoners in Kanker Jail were sent on 20.6.1988 to Narayanpur for attending Court hearing. On 21.6.1988, all above prisoners were brought back under custody to Kanker Jail from Narayanpur at about 6:30 pm. Before their entrance to the jail, as per rules, they were searched. On search one mirror and handkerchief was recovered from the custody of under trial Kumar, Due to that recovery, a quarrel took place. Appellants along with Shyamlal and Sharad Kumar assaulted all the under trials who were brought back from Narayanpur Court with fists and foot. After some time Chiteshwar Giri came and assaulted Pyarelal on his head with lathi. Pyarelal fell down. Jail Superintendent Dr. J.P. Khare (P.W. 7) was informed, who came and saw Pyarelal. His condition was serious therefore he was sent to Govt. hospital. Dr. Pradeep Cladious (P.W. 12) medically examined Pyarelal. He was admitted in the hospital on 21.6.1988, where he died. From hospital, an intimation was sent to police, merg was registered and inquest was conducted. After postmortem, FIR under Section 302 of the IPC has been registered by Police Station-Kanker. Investigation took place. After due investigation charge sheet under Sections 302, 323, 147, 148 and 149 against the Appellants and Chiteshwar Giri, Shymalal and Sharadkumar was filed in the Court of A.C. J.M. Kanker, who, in due course, committed the case to Court of Sessions Jagdalpur. Learned Sessions Judge made over the case to the learned Additional Sessions Judge, Kanker (Bastar).

(3.) THE learned trial Court although acquitted all of them under Section 302 and in the alternative Section 302/149 of the IPC but held Chiteshwar Giri guilty under Section 325 of the IPC and Appellants under Section 323 of the IPC and accordingly convicted and sentenced them. Chiteshwar Giri was sentenced to undergo R.I. for 3 years and fine of Rs. 500/-, in default of payment of fine to undergo S.I. for 25 days, Rest of the convict has been sentenced with fine of Rs. 1000/- each, in default of payment of fine to undergo S.I. for 50 days each.