MOLA MUDHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 10.3.1999 passed by the IInd Additional Sessions Judge, Rewa in ST. No.23 of 1998 whereby the appellants were convicted for offences punishable under Sections 304 (Part II) of I.P.C or 304 (Part II) read with Section 34 of I.P.C and sentenced for seven years rigorous imprisonment.

(2.) THE prosecution's case, in short, is that on 18.7.1997 the deceased Ramratan along with his son Keshav (PW3) went to plough the field situated at Village Dani (Police Station Gudh, District Rewa). There was a dispute relating to ownership and possession of that particular field with the appellants and therefore, the appellants along with one Sukhlal came to the spot and stopped the complainant/deceased to work on the fields. The appellants were armed with the sticks and therefore, the deceased Ramratan and Keshav left the field and went back to the village. On the way the appellants Ram Dutt, Sudarshan, Manoj alias Chottan Mishra restrained the deceased and assaulted the deceased Ramratan and his son Keshav with sticks. Both the injured persons fell upon the earth. On their shouting Chhotelal (PW4), Chandrakali (PW1) and Ishwari etc. came to the spot. They took the injured persons to the Village Dani.Thereafter, the deceased Ramratan was taken to the Police Station Gudh where he lodged an FIR Ex.P/13. All the injured persons were sent to Government Hospital Rewa for their medico legal examination and treatment. Dr. M. K. Tiwari (PW6) after examining the victims Ramratan and Keshav gavehis reports Ex.P/6 and P/7 respectively. He found swelling and tenderness on the left hand of Ramratan and bony cervix sound was also there at the first metacarpal bone in his hand. No other injury was found on him whereas, Keshav sustained 4-5 injuries caused by hard and blunt objects on his chest, back, left side of the head, fore arm, right knee and other places of the body. Both the patients were admitted in the hospital and Ramratan was referred for his X-Ray examination.Dr. Atul Singh (PW7) examined the victim Ramratan radiologically and gave his report Ex.P/8.He found a fracture in his first metacarpal bone. Again the victim Ramratan was referred for radiological examination on 22.7.1997 and a fracture was found in his head. Ultimately the victim Ramratan Panchayatnama lash Ex.P/25 was prepared expired on 30.9.1997. of the deceased and body of the deceased Ramratan was sent for Dr. B. K. Sharma (PW10) did the post mortem on post mortem. the body of the deceased Ramratan and found that he died due to complications of head injury. After due investigation a charge sheet was filed before the JMFC, Rewa who, committed the case to the Court of Sessions Judge, Rewa and ultimately it was transferred to the IInd Additional Sessions Judge, Rewa.

(3.) AFTER considering the evidence adduced by the parties the learned Additional Sessions Judge acquitted the other accused persons from all the charges. The appellants were also acquitted from the charges of offences punishable under Section 307, 302, 341, 294, 323 and 506-B of I.P.C but the appellants Ram Dutt, Sudarshan, Manoj @ Chottan Mishra were convicted for offences punishable under Section 304 (Part II) read with Section 34 of I.P.C whereas, the applicant Mola was convicted for the offence punishable under Section 304 (Part II) of I.P.C and all of them were sentenced for 7 years rigorous imprisonment.