NANDAUA ALIAS MUNDA Vs. STATE OF M.P.

JUDGEMENT

(1.) NANDAUA alias Munda, the appellant was tried by Additional Sessions Judge, Dindori, District Mandla, on charges under section 302 of the IPC for committing the murder of Santu and under section 307 of the IPC for attempting to commit murder of Phulabai, the mother of deceased Santu in Sessions trial No. 21 of 1990.

(2.) VIDE judgment and order dated 8.10.1990, the trial Court found the appellant guilty for the offences charged and sentenced him to imprisonment for life for the offence punishable under section 302 of the IPC and RI for five years for the offence punishable under section 307 of the IPC. Both the sentences were directed to run concurrently.

(3.) AT Dindori hospital Santu was declared 'brought dead'. Infoffi1ation to that effect was sent to the S.O., P.S. Dindori by Dr. B.K. Jharia (PW 22). Inquest Panchnama was prepared. Post mortem examination of the dead body of deceased Santu was conducted by Dr. R.M. Mishra (PW 19). Dr. Mishra found an ante mortem contusion over upper lip around its whole length and the fracture and dislocation of cervical vertabrae of the deceased. In the opinion of the doctor it was due to forcible twisting of the neck. Dr. Mishra opined that the death was caused due to syncope as a result of fracture and dislocation of cervical vertabrae. Ex. P -13 is the Post Mortem Report by Dr. R.M. Mishra.