SURAJLAL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have preferred this appeal against their conviction and sentence passed by Trial Court for the offence under Section 325/34, IPC.

(2.) BRIEFLY stated, the prosecution case is that P. W. 1 Lalla's daughter Devnabai P. W. 5 was married to Nago Rao son of Surajlal, appellant No. 1 about four years before the date of occurrence, which is dated 8-1-1986. Nago Rao married second wife and turned Devnabai out of his house. Not only that when Devnabai wanted dissolution of marriage, amount was demanded. Devnabai, therefore, filed a case in Multai Court for maintenance. The case was fixed for 7-1-86 and thereafter it was adjourned to 9-1-86. The prosecution alleges that on 8-1-86 at about 4. 30 p. m. while Lalla was going from village Bori to village Semariya for bringing witness Munshi on the way Surajlal, appellant No. 1 and Bhim, appellant No. 2 met, they slopped him and questioned him as to why he has filed the case. Surajlal gave a lathi blow on the head. Lalla fell down. Bhim was armed with axe. Surajlal and Bhim both mercilessly beat him as a result of which he sustained multiple injuries. They left him only when they thought that he had died. After sometime, Chhotelal P. W. 2 passed on the way. Lalla called Chhotelal then made cries, his relations came, a bullock cart was also arranged and he was brought to village Rana Dongri. Information was sent to the villagers. Kishan Goli, Baiju Goli, his son and relation came. They were told about the incident. Report was lodged by him on 9-1 -86 at 6. 15 in the morning. Crime was registered. He was sent for medical examination where he was examined by Dr. Vasudeo Majumdar P. W. 15. The report is Ex. P-18. Lalla had sustained as many as seventeen injuries. After usual investigation challan was filed. Appellants abjured the guilt and contended that they were falsely implicated. Prosecution examined witnesses. The Trial Court after considering the material on record, evidence of P. W. 1 Lalla duly corroborated by other evidence, convicted and sentenced the appellants.

(3.) SHRI Kochar, learned counsel for the appellants assailed the conviction and sentence. While Shri Joshi, learned Panel Lawyer supported the conviction.