BUDDHU PAL Vs. STATE OF M P

JUDGEMENT

(1.) The Judgment of the Court was delivered by : N.K. Gupta, J:- Being aggrieved with the judgment dated 30.9.2008 passed by Special Judge under (hereinafter it is mentioned as 'the Act'), Damoh, by which both the appellants were convicted for offence punishable under section 302 read with section 34 of IPC and sentenced for life imprisonment with fine of Rs. 2,000/-. In default of payment of fine an additional imprisonment of six months, for each of them. Prosecution's case, in short, is that, on 13.4.2007 at about 6.00 p.m., the complainant Indrani (P.W. 1) was working with her husband Kaluram (the deceased) in making a stake of raw bricks on the land of one Malthu at village Deori, Police Station Tendukheda, District Damoh. Witness Nanhi Bai was also helping the complainant. Appellants Buddhu and Bhurru arrived at the spot having stick and farsa respectively and directed the deceased Kaluram not to make Bhatta on that place. The complainant told them that land belongs to her and therefore, they could not interfere. However, appellants started assaulting the deceased Kaluram by farsa and sticks. The appellant Bhurru gave three strokes of farsa on head of deceased Kaluram, whereas the appellant Buddhu Pal assaulted the deceased Kaluram by sticks on various parts of his body. By such assault, the deceased fell down on the Earth. On shouting of the complainant Indrani (P.W. 1) and witness Nanhi Bai (P.W. 9), Narayan (P.W. 2) and Onkar (P.W. 5), sons of the deceased, arrived at the spot. They tried to save their father. The appellants ran away from the spot. The deceased was taken to the Police Station Tendukheda in a bullock cart with the help of Bhagwat Singh and others. Uttam Pal had also accompanied with the complainant and the injured deceased. Since the injured Kaluram was unable to speak, FIR was lodged by the complainant Indrani (P.W. 1). The deceased Kaluram was referred for his medical examination to Govt. hospital, Tendukheda. Dr. Rajesh Namdeo (P. W. 6) at about 9.15 p.m. in the night examined the deceased Kaluram and found that he had three incised wounds on his head and two blunt injuries on left arm and right eye. He referred the injured person to Medical College, Jabalpur. After 2-3 days treatment of the deceased, he succumbed to injuries. The dead body of the deceased Kaluram was referred for post-mortem.

(2.) Dr. Mukesh Agrawal (P.W. 4) has examined the dead body of the deceased Kaluram and gave the post-mortem report, Ex. P/7. He found two small abrasions on right elbow, one laceration on chin and six injuries on his head. Due to external injuries, both parietal bones were found fractured. He had also found a hole in the left side of the chest having dimension of 1 X1/4 inch. He found that the deceased Kaluram died due to shock and coma because of head injury. In investigation, police seized one farsa from accused/appellant Bhurru and one stick from accused/appellant Buddhu. However, in forensic examination, no human blood was found from the stick but, human blood was found on farsa. Investigation officer examined various eye witnesses under section 161 of Cr.P.C. and also found that the deceased had given his dying declaration before the witness Onkar (P.W. 5), Babulal (P.W. 10) and Bhura (P.W. 11). After due investigation, challan was filed before the concerned Magistrate, who committed the case to the Special Judge for trial.

(3.) The appellants abjured their guilt but, no specific defence was taken by them. They recalled Patwari Bahadur Singh (P.W. 3) to prove the distance between the place of incident and the place where the well was dug by Pancham Sen.