LAWS(MPH)-2000-4-22

BHALARIYUS MINJ Vs. STATE OF M P

Decided On April 11, 2000
BHALARIYUS MINJ Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPELLANT Bhalrius Minj has been convicted under Section 307, IPC and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 200/ -.

(2.) THE prosecution case was that there was some land dispute between the accused and Simon Tigga. On 12-4-1994 at about 9 P. M. Simon Tigga was returning to his own house in village Magarhar from the house of his younger brother Joykim Tigga (P. W. 1) after taking dinner with him. They were walking together. The accused came there, caught hold of Simon Tigga and made him to fall on the ground. The accused caused several injuries to Simon Tigga with a lathi. There were in all nine injuries including four lacerated wounds on the head. The lathi was broken into two pieces. Joykim Tigga (P. W. 1) lodged the report Ex. P-1 at Balarampur Police Station on 13-4-1994 at 5 P. M. Simon Tigga was examined by Dr. S. P. Vaish (P. W. 18) and admitted in Balrampur hospital. He was showing abnormal behaviour on account of head injuries. He ran away from the indoor ward of the hospital on 29-4-1994 and his bones were found in the forest. He is dead.

(3.) THE accused pleaded not guilty. The trial Court after appreciation of the evidence on record held the accused guilty for the aforesaid offence.