DADULLA DHANUKAI RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) Ten persons, including the three appellants, (1) Dadulla, (2) Govind Prasad alias Kalloo, and (3) Laxmi Prasad, were prosecuted for offence of murder of one Jageshwar Prasad. The committing magistrate discharged 7 of these 10 persons. He committed only these three appellants to the Court of Sessions, and that too only on charge for offence under Section 201, Indian Penal Code. All these three appellants have been convicted of that offence. Each of them has been sentenced to rigorous imprisonment for five years.

(2.) THE deceased Jageshwar Prasad was missing from his village Offri, Police Station House, Maihar, from the morning of 21 -10 -1959. Reports in that respect were made to the police on 23 -10 -1959 and 24 -10 -1959. He remained untraced. On 25 -10 -1959, the appellant Dadulla made a report (Ex. P -1) at the police station house, Maihar, containing certain information how Jageshwar Prasad had met his death, and where his dead body was. It was stated in this Ex. P -1 that the dead body of Jageshwar Prasad, after weighing it with stones, had been thrown in the river Bakawali. An offence of murder was registered.

(3.) THE post mortem examination on the dead body of Jageshwar Prasad revealed two bruised areas, 6" x 6" and 6" x 5", respectively on the back and on the chest, accompanied by fractures of the ribs. The left lung was found punctured due to fracture of the ribs. There was also a fracture of the left angle of mandible. Death was due to shock and haemorrhage.