SUNIL DATTA, Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 24.2.2001, passed by First Additional Sessions Judge, Katni, in Sessions Trial No. 301/1999, convicting them under Sections 302/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 2500/-each. In default of payment of fine, further rigorous imprisonment for six months.

(2.) In Short, the prosecution case is that on 11.1.1999, at about 5.00 p.m., complainant Yadvendra went at the medical dispensary of his brother Dr. Subhash (deceased). While he was sitting there, Dr. Subhash taking syringe went out of the dispensary. After sometime, Yadvendra hearing some noise, went towards Matwara. He saw Appellants assaulting Dr. Subhash by shoes, stick, stone and kicks. They had stripped him of his clothes. Dr. Subhash was lying on the ground and Sunil and Ballan were pressing his throat after mounting on his chest. Balmiki Pandey also reached there and abused Dr. Subhash and exhorted the Appellants to beat Dr. Subhash. When Yadvendra tried to rescue Dr. Subhash, Appellants ran after him to beat. He, therefore, ran away. Dr. Subhash died on the spot. Yadvendra (PW-5) went to Police Station, Sleemnabad and lodged report (Ex.P/6) at 18.30 Hrs.. A Murg (Ex.P/5) was also registered. Station Officer of Police Station, Sleemnabad, reached at the spot and conducted inquest proceedings. He prepared the spot map and seized shirt, pants and shoes of the deceased from the spot. Body of deceased was sent for postmortem examination to Primary Health Centre, Teori. Dr. P.K. Agrawal (PW-1) performed the postmortem examination of the body and found 7 injuries on his body, vide his report Ex.P/2. All the injuries were caused by hard and blunt object. The cause of death of deceased was shock due to injury on vital parts like brain, lung and liver causing excessive heamorrhage. After recording the statements of witnesses and after further requisite investigation, police filed charge sheet in the court. Case was then committed for trial.

(3.) Trial Court framed charges under Section 302 of the Indian Penal Code and in the alternative under Section 302/34 of the Indian Penal Code.