SANJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 30.6.1994, passed by First Additional Sessions Judge, Shahdol, in Sessions Trial No.104/1993, convicting appellant No.2 Dipak Kumar @ Munda under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.100 and convicting appellant No.1 Sanjay Kumar and appellant No.3 Santosh Kumar @ Gudda under Section 326/34 of the Indian Penal Code and sentencing them to rigorous imprisonment for three years with fine of Rs.100/- to each of them.

(2.) In short, the prosecution case is that on 25.3.1993, in Railway Colony, Shahdol, when Suresh, the deceased, had been sitting at his bakery shop, accused Sanjay reached there. When Suresh demanded Rs.500/- from Sanjay, which were due on him, there occurred an altercation. Sanjay went away. However, after sometime, at about 7.00 pm, he came back with his brothers Dipak and Santosh Kumar. While Suresh was standing in front of his shop, Sanjay dealt a blow with a hockey on his back and accused Dipak dealt blows with a Gupti in his abdomen. All the three accused persons then dragged and dropped him in a drain and ran away. He managed to come back near his shop and fell down unconscious. His brother Shanker, sister and mother lifted him and took him inside the shop. They wrapped clothes around his injuries and took him to hospital. However, he died. Shanker (PW-1) went to Police Kotwali and lodged first information report (Ex.P/1). Investigating officer inspected the dead body and conducted inquest proceedings. He prepared inquest memorandum (Ex.P/3). The dead body of Suresh was referred for postmortem examination.

(3.) Dr. M.D. Shukla (PW-5) conducted postmortem examination of the body of Suresh and found six incised injuries on various parts of his body. In his opinion, the cause of his death was excessive bleeding and the injuries to vital organs.