STATE OF MADHYA PRADESH Vs. MOHANDAS

JUDGEMENT

(1.) The State has filed this appeal challenging the acquittal of the respondents of the alternative charges u / Ss. 302 and 302 / 34, IPC for the murder of one Harhuram.

(2.) Deceased Harhuram was a resident of village Kachanda, P. S. Serinarayan, District Bilaspur Just opposite to the thrashing ground of his house, there exists the house of Surkritadas (DW 2) with a public road between them. Some hot words were exchanged between deceased Harhuram and Sukritdas at the time of the incident i.e. on 30-12-82 at about 7 a.m. At that time respondent No. 1 Mohandas, who is son of Sukritdas, had come out of his house armed with a lathi. It is not disputed that he had dealt a lathi on the head of the deceased Harhuram causing him to be injured.

(3.) The prosecution alleged that the incident started because Sukritdas (DW 2) began to forcibly remove the gate (Rachar) of the thrashing ground of deceased Harhuram. This led to exchange of words between the deceased and Sukrittdas. Respondent No. 1 Mohandas getting annoyed, assaulted deceased Harhuram by a lathi on his head. Respondents Nos. 2 and 3 Dilharandas and Punidas, who are father and son, and who were closeby, also rushed to the place of the incident and they too dealt one lathi blow each on deceased Harhuram. Harhuram was carried in an unconscious condition to police station Seorinarayan where his son Ramnarayan (PW 1) lodged a report (Ex P-1). Harhuram was medically examined with respect to his injuries vide injury report Ex. P-3. He was found to have sustained a small lacerated wound 1/4 cm x 1/2 cm over the right frontal forehead and a haematoma 2 cm x 2 cm over the left occipital parieto region behind the left article. Harhuram was rushed for treatment of head injury to Bilaspur civil hospital, but he succumbed to his injuries on 31-12-82 at 2-20 a.m. vide intimation from the hospital Ex. P-9. In post-mortem examination Dr. Tiwari (P W 17) found the two injuries mentioned in the injury report Ex. P-3 already referred to. Upon internal examination the doctor found that there was fracture of left parietal region and fracture of left occipital and temporal bones. Dura was distended and filled with blood. The cause of death was cerebral compression and axphyxia resulting therefrom vide post-mortem report Ex. P-23. On these allegations, the three respondents were charged with offences u / Ss. 302 or 302/ 34, IPC for committing murder of Harhuram.