HINDA Vs. STATE

JUDGEMENT

(1.) The two appellants, Hinda and Raddha, aggrieved of the judgment passed in S.T. No. 8 of 1986, decided on 29-2-1988, by Additional Sessions Judge, Ashoknagar, District Guna, whereby each of them was convicted under S. 302 read with S. 34, and S. 324 read with S. 34, Indian Penal Code, and respectively sentenced to imprisonment for life and two years rigorous imprisonment-bott sentences to run concurrently have preferred this appeal from jail.

(2.) The prosecution case in brief is that on the morning of 16/03/1985 at about 6.00 a. m. in village Churali, Dhaniabai, the wife of deceased Nandu, was returning to her home after answering the call of nature; on the way accused Hinda caught her hand; on this she threatened him to beat with Chappal. Hinda hid himself near a tree. By this time deceased Nandu came and asked Hinda why did he catch the hand of Dhaniabai (P.W. 1). On it Hinda inflicted a blow with a "pharse" on the neck of Nandu. Daulatia (P.W. 12), the brother of deceased Nandu, gave a 'lathi' blow on Hinda. Meanwhile, the brother of accused Raddha, armed with a 'Farsa' came there and tried to inflict 'farsa' blow. On it Nandu and Daulatia saved themselves and ran away towards Tala field; there Hinda and Raddha chased them. On the field, another accused Kunja rached on his bicycle, took his Lohangi from the bicycle and gave a 'Lohangi blow on Nandu. Hinda, Raddha, Kunja and Hariram, a juvenile, who was having a 'lathi', gave a beat to Nandu by their weapons. Daulatia, who tried to save Nandu, was also beaten. After doing this 'marpit' the accused persons ran away. Nandu and Daulatia were taken in a bullock-cart to the police station, but on the way Nandu died. First information report (Ext. P-18) was lodged by Daulatia (P.W. 12) at police Station Chanderi, which is about 10 Km. away from village Churali. On the lodging of the first information report the four accused persons were booked for offences under Sections 302 and 307 and S. 341, I.P.C. Autopsy on the dead body of Nandu was performed by Dr. H. S. Mudgal (P.W. 11), who found the following injuries: -

(3.) Shri B. R. Sharma and Shri K. K. Gupta, counsel for the appellants, and Shri V. G. Khot, Deputy Government Advocate, were heard.