RAJKUMAR Vs. STATE OF MP

JUDGEMENT

(1.) The judgment in this appeal shall also govern the disposal of connected Criminal Appeal No. 34/1999 (Murari v. State of Madhya Pradesh). As both the appeals have been preferred against the common impugned judgment, hence they are being decided by this judgment.

(2.) The aforesaid two appeals have been preferred by the respective Appellants under Section 374(2) of the Code of Criminal Procedure, aggrieved by the judgment of conviction and sentence dated 28.11.1998 passed by Eighth Additional Sessions Judge, Gwalior, in Sessions Trial No. 9/97 whereby held all the four Appellants guilty for the offence punishable under Sections 302/34 and 323/34 of Indian Penal Code and sentenced each of them to imprisonment for life and fine of Rs. 200/- respectively on each. In default of payment of fine, further ordered to suffer imprisonment for one month.

(3.) Briefly stated the facts of the case are, on 2.10.1996 at about 3.00 p.m. at Shivaji Nagar, Kumharpura, Morar some quarrel took place near the house of one Ganesh Munshi in between Appellant/accused Khaddi @ Pappu @ Hargovind and Khemchand. The accused Khaddi had slapped Khemchand, thereafter Kalicharan and Chhotu also came there, then accused Khaddi armed with a sword and other accused persons namely Murari, Mahendra and Rajkumar armed with lathi and one wooden pati came there and accused Khaddi @ Pappu @ Hargovind tried to cause injury by means of sword to Chhotu. Deceased Chhotu @ Laxminarayan caught hold the sword concerned, due to which he sustained injury on the fingers of the left hand then the accused Murari caused injury by means of wooden pati on the head of Chhotu and thereafter accused persons ran away from the spot. Due to the head injury Chhotu fell down on the spot and became unconscious. Witness Khemchand, Kalicharan came there and took the injured Chhotu to Police Station Morar, thereafter FIR had been lodged, on which basis the Police registered the case; sent the injured Chhotu to J.A. Hospital, Gwalior for necessary treatment. During treatment in the night at about 9.00 p.m. Chhotu died in the hospital. The information had been given to the police, on which basis the police prepared the inquest panchnama of the deadbody and issued memo for post-mortem examination and altered the case under Section 302 IPC. The Investigating Officer prepared the spot map, recorded the statements of the witnesses, arrested the accused persons, also seized the weapons used by them in this incident and after due investigation the charge sheet had been filed.