VRIJLAL GHOSI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appellants have preferred this criminal appeal being aggrieved by the judgment dated 5/10/2005 passed by the Second Additional Sessions Judge, Tikamgarh in ST No.26/2000, whereby the appellants are convicted for commission of offence punishable under Section 302 of Indian Penal Code and sentenced for life imprisonment with fine of Rs.500/- each, in default of payment of fine, an additional RI for 30 days.

(2.) The prosecution case, in short, is that on 19/9/1999 at about 10:00 AM Laxman was with his grazing cattle in the jungle, which was situated behind Jagdamba temple. When Upendra Singh (PW-12) and Durg Singh (PW-4) went to the spot to provide tiffin to the deceased Laxman, they heard the sound of a fire, which was done by accused Kalyan Singh by a country made pistol. Thereafter accused Mansingh, Dheeraj, Ranjeet, Prabhu, Majulla, Vrijlal, Achchhan, Rajaram and Pooran assaulted the deceased Laxman by lohangi, ballam, farsa, sticks, stones and axes respectively. Appellant Achchhan had an axe whereas appellant Vrijlal had assaulted the deceased Laxman by stone. On shouting of witness Upendra, so many people came to the spot and thereafter the assailants ran away. The deceased was taken to the hospital. Ramnath Singh, father of witness Upendra had lodged an FIR Ex.P-19 at Police Station Jatara District Tikamgarh. The deceased was referred to the Community Health Centre, Jatara for his medical examination.

(3.) Dr. H.N. Nayak (PW-5) examined the deceased and prepared the MLC report Ex.P-10. He found one penetrated wound on the centre of forehead and six incised wounds on the deceased. Out of those incised wounds, three were situated on the right parietal region and right occipital region and remaining three incised wounds were adjacent to each other on the left cheek. He also found six lacerated wounds on the deceased at the right parietal region, right face, back of skull, just above the left eyelid and the left forehead respectively. Swelling was found on both the eyelids and victim could not open his eyes. The patient was referred for X-ray and other examinations to the District Hospital, Tikamgarh. Ultimately the deceased died at District Hospital, Tikamgarh. Dr. S.K.Khare (PW-9) had performed the postmortem on the body of the deceased Laxman and found 13 wounds on his body. Wounds were found on head, face, back, right paw, right thigh and so many other parts of the body. Both the parietal bones were found broken. The deceased died due to head injuries caused on his head. All other internal organs were found healthy but congested. The clothings of the deceased were sealed and sent for chemical examination to FSL, Sagar. Vinayak Shukla (PW-11) examined various witnesses under Section 161 of Cr.P.C. He seized one axe from accused Rajaram. On his intimation various weapons were seized from various accused persons. Nothing has been seized from the accused Vrijlal, whereas one axe was seized from accused Achchhan vide seizure memo Ex.P-6. After due investigation, the challan was filed before the concerned Magistrate. The case was committed to the Sessions Court and then transferred to Second Additional Sessions Judge, Tikamgarh.