BHUJBAL Vs. STATE OF M.P.

JUDGEMENT

(1.) DHOLA Singh is appellant No.3 in Criminal Appeal No. 439/89. He has also preferred appeal from the jail, which has been registered as Criminal Appeal No. 493/89. Both the appeals arise from a common judgment and as such, they are being disposed of together.

(2.) APPELLANT No.1 Bhujbal and appellant No.2 Suddhu were charged for an offence under section 302 of the Indian Penal Code for causing the death of Boya alias Samelal. They have further been charged along with appellant No.3 Dola Singh for offence under section 201 of the Indian Penal Code. Sessions Judge, Balaghat by his judgment dated 3rd April, 1989 passed in S.T. No. 12/&9, held appellants 1 and 2 guilty for offence under section 302 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life. All the appellants have further been found guilty for offence under section 201 of the Indian Penal Code. However, the learned Judge has not awarded separate sentence to appellants No. 1 and 2, but has awarded rigorous imprisonment for five years to appellant No. 3 Dhole Singh for this offence. Aggrieved by the same, appellants have preferred this appeal.

(3.) AFTER receipt of the information, Sub -Inspector of Police PW 6 Y.K. Naik along with the Tehsildar and PW 7 Dr. T.P. Bhojak went to the Jhiriya Nala and on the memorandum of the appellants, recovered the dead body of Boya from Nala. The dead -body was sent for post -mortem examination to PW 7 Dr. T.P. Bhojak who found one ligature mark around the neck just above the thyroid cartilage. As regard the cause of death, the doctor gave his opinion as follows : - -