JHAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Jham Singh, Asharam, Manshram and Dharam Chandra, the accused persons in this case, have been convicted under S. 304 (Part-I)/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years by Additional Sessions Judge to the Court of Sessions Judge, Mandla, vide judgment dated 21-12-1989 in Session Trial No. 141/88 for causing the death of Punnulal, aged 60 years, the deceased in the case. The appellants have been found guilty of causing injuries on the deceased with Lathis on 16-6-1988 at about 9:00 p.m. at his house situated at village, Dhutka, district Mandla.

(2.) Briefly stated the facts giving rise to this appeal are as under :- All the appellants, deceased Punnulal and the material witnesses belong to village, Dhutka, within the limit of Bamhni Police Station in Mandla district. In fact, all of them are virtually neighbours. Punnulal and his son, Ram Kumar (P.W.1), had sold their land to their relative, Vipatlal (P. W.6), and took Rs.10/- as advance from him. Appellant Ashram insisted that since the said land is by the side of his agricultural land, the same may be sold to him and for that he was willing to pay more price but Punnulal declined his offer. Consequently, on 16-8-1980 at about 9:00 p.m. all the appellants, who are related to each other, went to the court yard of the house of Punnulal and Ram Kumar (P.W.1) where they brandished their Lathis. Punnulal, on seeing the attitude of appellants, tried to escape but all of them allegedly caught hold of him and thereafter assaulted him with their Lathis. Appellant Asharam caused a grievous injury on the nose of Ram Kumar (P.W.1) by throwing a stone at him. Appellants also caused injuries to Vipatlal (P.W.6), Bajyyan Bai (P.W. 8) and Parvati Bai. The incident was witnessed by these injured persons and also by Pancham Gond (P.W.2) and Jagannath (P.W.5). Punnulal was taken to the Police Station, Bamhni, by his son Ram Kumar (P.W. 1). M. S. Parihar (P.W. 15), who was then posted as Sub-Inspector of the said Police Station, recorded First Information Report, Ex. P1, lodged by Ram Kumar (P.W.1) and thereafter registered Crime No. 168/88 for offences punishable under S. 447, 323/34, 341 and 324 of the Indian Penal Code against the appellants.

(3.) Punnulal was immediately sent to Primary Health Centre, Bamhni Banjar for medical treatment where he was examined by Dr. A. K. Jain (P.W.12) who was posted there as Assistant Surgeon. He found the following injuries on the person of Punnulal:-