NATHOO BADAI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT being aggrieved by his conviction under Section 302 of the Indian Penal Code and sentence of life imprisonment, passed by the Ist Addl. Sessions Judge, Tikamgarh, by judgment dated 9-12-88, in Sessions Trial No. 114/87, has preferred this appeal.

(2.) BRIEFLY stated prosecution story is that the incident had occurred on 17-7-1987 at about 10 a. m. The cattle belonging to the complainant party had gone for grazing in the field of accused persons. Sukko Bai, daughter of accused Jalam chased the cattle to the field of Ramcharan, owing to which a sudden quarrel took place between Baijnath and Sukko Bai. Sukko Bai threw stone on Baijnath, on which Baijnath slapped her and a scuffle took place. Sukko Bai went to her house and narrated the incident. Thereafter, accused persons armed with Lathi, Kholia and Kulhadi came to the scene of occurrence and started assaulting the complainant party. Baijnath sustained injury and Ramcharan who had come there was also beaten by Jalam by means of Kholia, appellant Nathu by Kulhadi and accused Munna by lathi.

(3.) REPORT of the incident was lodged by Ramcharan at 10 O'clock on the same day. Initially the offence was registered under Section 324/34, IPC. Ramcharan was sent for medical examination at Jatara. Thereafter, he was shifted to District Hospital, Tikamgarh, Ramcharan died on 23rd July, 1987 owing to head injury. Autopsy was conducted by Dr. N. K. Chourasiya (P. W. 7 ). Police after investigation, submitted the charge-sheet. Appellant has denied his involvement in the offence and his plea is that he has been falsely implicated in the case. His plea further is that he has acted in the right of private defence of his person and property. Two defence witnesses were also examined.