HETRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Hetram, Hemraj and Narvad, the accused persons in this case, have been convicted under Ss.302/34 and 341 of the Indian Penal Code and sentenced to undergo imprisonment for life and one month simple imprisonment respectively (both sentences to run concurrently) by IIIrd Additional Sessions Judge to the Court of Sessions Judge, Chhatarpur, vide judgment dated 21-12-1989 in Sessions Trial No. 261/87 for causing the death of Dayaram, aged 35 years, the deceased in the case. The appellants have been found guilty of wrongfully restraining and causing injuries on the deceased with the blunt side of axe between 12.00 and 13.00 hrs. on 27-10-87 at his field commonly known as "Tallaiya Khet" situated at village, Paudi, District Chhatarpur. The fourth accused namely; Mst. Bharat Rani, wife of appellant Hetram, has, however, been acquitted by the learned trial Judge from the said charges on the ground of no evidence against her. Briefly stated the facts giving rise to this appeal are as under :

(2.) All the appellants, the deceased Dayaram and the material witnesses belong to village, Paudi, within the limit of Bakshwaha Police Station in Chhatarpur district. Dayaram purchased an agricultural land commonly known as "Tallaiya Khet" about three years prior to the date of incident. Appellant, Hetram, was himself interested in purchasing the said land and hence he developed ill-feelings against Dayaram. On 27-10-87 sometime between 12.00-13.00 hrs. when Dayaram was harvesting the crop from "Tallaiya Khet" along with his mother Gulab Rani (P.W. 1), sister-in-law Prag (P.W. 2) and wife Mathura (P.W. 3), the appellants suddenly reached there and surrounded him. Appellants, Hetram and Hemraj, each had an axe with them whereas appellant, Narvad, was unarmed. Hetram exhorted other appellants to beat Dayaram. Consequently, Narvad caught hold of Dayaram and Hetram dealt a blow with the blunt side of the axe on the right side of his head. Hemraj also dealt two blows on the back of Dayaram with the blunt side of the axe. Thereafter, Hetram dealt another blow on the head of Dayaram but again with the blunt side of the axe. Accused Mst. Bharat Rani, who had also reached the place of incident, is said to have thrown mud pebbles on Dayaram. One Kharagram (D.W. 2) allegedly saved Dayaram. The incident was witnessed by Gulab Rani (P.W. 1), Prag (P.W. 2), Mathura (P.W. 3) and one Gillan Chadar (D.W. 3). Dayaram was taken to the Police Station, Bakshwaha, by his relations. R. K. Dubey (P.W. 12), Station Officer of the said Police Station, recorded First Information Report. Ex. P 14, lodged by Dayaram and thereafter registered a Crime No. 84/97 against the appellants and Mst. Bharat Rani for offences punishable under Ss. 341, 323 and 324/34 of the Indian Penal Code.

(3.) Dayaram was immediately sent to Primary Health Centre, Bakshwaha, for medical treatment where he was examined by Dr. S. K. Jain (P.W. 13) who was posted there as Assistant Surgeon. He found the following injuries on the person of Dayaram : (i) Lacerated wound in right parietal region 3 cm. lateral to mid-line obliquely placed 2.4 cm. x 2 mm x 2 mm. No active bleeding. Blood crest present but no pus seen. (ii) One Haematoma over left temporal bone region 6 cm. lateral to mid-line 7 cm x 9 cm. fluctuating entire. Antero-posteriorly from left frontal lemiena to 7 cm posterior to it. Vertically from xygomatic arch and above up to 6 cm. to left of mid-line. (iii) Abrasion over lower end of right forearm on radial side 2 cm. x 4 mm. Skin deminated. (iv) Another abrasion 2 cm. above injury No. 3. One abrasion 2 cm. x 0.4 cm. in size. Skin deminated. (v) One abrasion 5 mm. x 5 mm. triangular 1 cm. lateral to mid-line on left side of back. Blood crest present. No pus seen. (vi) One abrasion 1 cm. x 5 mm. in left fore-arm in lower 1/3 on posterior medial side. No other injuries seen. Dr. S. K. Jain (P.W. 13) in his injury report, Ex. P21, opined that injury Nos. 3, 4, 5 and 6 were caused by hard and blunt object and were simple in nature while injury Nos. 1 and 2 were caused by hard and blunt object. To ascertain the nature of these injuries, he referred the patient Dayaram to District Hospital, Chhatarpur, for X-ray of Skull. In the meanwhile, R. K. Dubey (P.W. 12) recorded statement, (Ex. P15) of Dayaram under S. 161 of the Code of Criminal Procedure. Dr. K. L. Badil (P.W. 10), after examining the X-ray plates of the skull of Dayaram, in his report, (Ex. P12) opined that there was a fracture of left parietal bone and no callous was formed. Dayaram succumbed to injuries in the District Hospital, Chhatarpur on 28-10-87 at about 5.40 p.m. Dr. Sudhir Khare (P.W. 9) conducted the post-mortem on the body of deceased Dayaram. He, in his report, Ex. P11-A, gave an opinion that the cause of his death was Coma due to head injury. He had found the following injuries on the body of deceased Dayaram : (i) Abrasion 2 cm x 1 cm on left side of back with hard and blunt object. (ii) Lacerated wound cleaned with powder. - partially healed 3-5 days on right parietal region by hard, blunt object 3 cm. x 1 cm. (iii) Bruise left temporal region 10 cm. x 6 cm. hard, blunt object. (iv) Bruise by hard blunt object. - No bleeding from orifices. On internal examination following injuries were found :- (i) Sub-epineurosis haematoma present more on left side. (ii) sub-temporals haematoma on left side. Fracture of parietal bona on left side. (iii) Extreme extra dural haematoma present on left side.