RAMCHARAN @ BHAJJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 12.7.2011 passed by learned Fourth Additional Sessions Judge, Tikamgarh in S.T.No.07/2007, whereby the appellants were convicted for offence punishable under section 304 (II) read with section 34 and section 323 read with section 34 (Two counts) of IPC and each sentenced for 10 years' rigorous imprisonment with fine of Rs.1,000/- and 3 months' rigorous imprisonment with fine of Rs.100/- for each count. In default of payment of fine, each of them was to undergo for six months', 15 days' and 15 days' rigorous imprisonment respectively.

(2.) PROSECUTION's case, in short, is that, on 16.3.2006 at about 9 a.m. in the morning, the complainant Shivshankar (P.W.1) was coming back to his house after fetching some water in the village Jewar, Police Station Teharka, District Tikamgarh. In the mid way, the appellants started abusing him and they quarreled with him. The appellants Ramcharan and Lakhanlal threw him on Earth and thereafter, Ramcharan assaulted him by stick. On his shouting, his father Siyasharan came to the spot and the appellants also assaulted him by sticks. The appellants Vishnukant assaulted the victim Shivkumar by base of an axe on his head. On shouting of the victim Shivkumar, Mukesh, Mohan (P.W.2) etc. came to the spot. Shivshankar went to the police station Teharka and lodged the FIR. Injured persons were sent to the hospital for their medico legal examination and treatment. Dr.S.M.Tiwari (P.W.5) examined the injured Shivkumar at Community Health Center, Niwari and gave a report Ex.P/7. Three visible injuries were found to him and he was also complaining of his backache. Shivshankar was referred for radiological examination but, no any fracture was found to him. Dr.Tiwari found two simple injuries to Shivshankar and given a report, Ex.P/2. Similarly, there was a simple injury on the chest of the deceased Siyasharan. A report Ex.P/3 was given by Dr.Tiwari. Siyasharan was referred for x-ray examination but, he was taken to his home. On 17.3.2006, at about 11 p.m. in the night, Siyasharan was brought to Dr.Tiwari and he found him to be dead. On intimation given by Dr.Tiwari, a merg report Ex.P/23 was prepared at Police Station Niwari, which was transferred to the Police Station Teharka. Panchayatnama lash was prepared and dead body of the deceased Siyasharan was sent for post-mortem. Dr. Tiwari (P.W.5) did the post-mortem on the body of the deceased Siyasharan and gave a report, Ex.P/15. He found that the deceased died due to syncope caused due to cardio respiratory failure. After due investigation, it was found that report given by Dr.Tiwari was not conclusive and therefore, matter was referred to the Director, Medico legal Institute, Gandhi Medical College, Bhopal. Dr.Barkur (P.W.11) has given a report Ex.P/20 on the basis of FIR etc. After due investigation, a charge-sheet was filed before the JMFC, Niwari who committed the case to the Sessions Court, Tikamgarh and ultimately, it was transferred to the Second Additional Sessions Judge, Tikamgarh.

(3.) I have heard the learned counsel for the parties.