MUNNA Vs. STATE OF M P

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Chhatarpur, in his S. T. No. 137 of 1988 (State of M. P. v. Munna and 3 others) on 24-10-89 held these three appellants and co-accused Guruwa @ Gorelal (since deceased during pendency of appeal whose appeal has abated on 29-10-2001) guilty under Section 302/34 of the Indian Penal Code ('code' for short) and sentenced them to undergo RI for life and to pay fine of Rs.-3,000/- each and in default, to further undergo RI for one year each. Aggrieved thereby appellants filed this appeal on 9-11-89.

(2.) AS per prosecution, Girjabai (P. W. 5) on 28-8-88 had gone to see off her husband Late Nanhu who was going to Jarela, upto the village tank. She was resting near the tank when she heard the shouts for help of her husband. She rushed to the place of Bhairo Baba and saw that Munna (A-1), Babulal (A-2), Chhota @ Chhutua @ Chhotelal (A-3) and Guruwa @ Gorelal (since deceased) were belabouring her husband by lathis. She came to village crying and returned to the spot and saw that her husband was lying unconscious. She saw Chunnulal (P. W. 6), Bhura Kori and Rambhajan (P. W. 7) there. Certain other persons of the village had also assembled. She brought her husband to the village with the help of villagers and was taking him in a bullock cart to Police Station, Gourihar but he succumbed to his injuries in the way. However, before his death, Late Nanhu named all 4 accused as the assailants who were responsible for his death. A First Information Report (Ex. P-6) was lodged in Police Station, Gourihar at 22. 15 on the same day. As per prosecution, H. P. Singhai, S. O. , Gourihar had scribed the FIR (Ex. P-6 ). The dead-body of deceased Nanhu was taken to the police station in a bullock cart and inquest report (Ex. P-10) was prepared in police station after giving notice to the Panch witnesses. The dead-body was sent to the Primary Health Centre, Laundi. Dr. Devideen Chourasia (P. W. 1), the Assistant Surgeon posted there noted following ante-mortem injuries on his person:-

(3.) H. P. Singhai (P. W. 8) had seized blood-stained and simple earth from the spot vide Ex. P-18. Spot map (Ex. P-8) was also prepared. On information given by these appellants and Guruwa @ Gorelal (since deceased) lathis were seized from them. The Chemical Examiner found blood in earth seized from spot and on clothes of the deceased. After due investigation, a charge-sheet under Section 302/34 of the Code was filed.