RAMDAS AND ORS Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 23.8.2001, passed by Additional Sessions Judge, Harda, in Sessions Trial No.168/2000, convicting appellant Santosh under Section 302 of the Indian Penal Code and appellants Ramdas and Sunil under Section 302/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.10,000/-. In default of payment of fine, further rigorous imprisonment for two years. Appellant Sunil has further been convicted under Section 323 of the Indian Penal Code and sentenced to pay fine of Rs.500/-. In default of payment of fine, simple imprisonment for one month.

(2.) In short the prosecution case is that on 14.4.2000, at about 9.00 pm, when Hari Prasad, the deceased, was at his house, appellants, who were father and sons, reached their wielding Guptis. When Ramdas Talked to Hari Prasad, Hari Prasad told to him that he used to consume water from his Well without making payment. On this, a quarrel ensued and all the three accused persons started beating Hari Prasad. They also dealt blows with Guptis to him. When Ram Gopal tried to intervene, he was also assaulted. Incident was witnessed by Jageshwar, father of Hari Prasad, Ramdas, Nanhelal and Jawari. Hari Prasad fell down and died. Jageshwar lodged the first information report (Ex.P/5) at Police Station, Harda. He also lodged Murg intimation (Ex.P/6). Investigating Officer N.S.Borana went to spot and in the morning of 15.4.2000 conducted inquest proceedings. He prepared inquest memorandum (Ex.P/2) in presences of witnesses and sent the dead body of Hari Prasad to District Hospital, Harda for postmortem examination. Dr.J.K. Choure, Medical Officer, conducted postmortem examination of the body and tendered his report (Ex.P/ 11). According to Dr. Choure, five injuries were found on the body of deceased. He died due to excessive haemorrhage from the injuries caused to liver, lung and heart.

(3.) On 16.4.2000, accused Santosh and Ramdas were arrested and on their information Guptis were recovered from ipomea shrubs. On 17.4.2000, a Gupti was also recovered on the information given by accused Sunil. Seized articles were sent to FSL Gwalior for chemical examination. After investigation, charge sheet was filed and the case was committed for trial.