KHUMANI AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 26.11.1996 passed by the First Additional Sessions Judge, Mandla in ST. No.20/1992 whereby the appellants were convicted for offence punishable under Section 307 of I.P.C and sentenced for 5 years rigorous imprisonment with fine of Rs.100/-. In default of payment of fine, each of them had to undergo one month's rigorous imprisonment in addition.

(2.) The prosecution's case in short is that on 2.8.1991 the appellants were sowing onion bulbs in a land situated at Village Sudgaon. The victim Mathura Prasad went to the spot and stopped them from sowing the onion bulbs in his land. The appellants did not pay head to the prohibition from the victim Mathura Prasad and thereafter, a quarrel took place. The appellant no.2 Rajkumar who had a spade with him at that time assaulted the victim Mathura Prasad with that spade on his head causing him a fatal injury. Thereafter, the appellant Khumani assaulted him with a Gaiti causing him an injury on his right buttock. Victim Mathura Prasad was taken to the Outpost Mehatwani of the Police Station Mohgaon, District Mandla where the complainant Raj Kumar (PW6) had lodged an FIR Ex.P/1. The victim was sent to the Government Hospital for his medico legal examination and treatment. Dr. Liladhar (PW5) examined the victim Mathura Prasad at PHC, Mehedwani and gave his report Ex.P/11. He found on him, one incised wound on the right side of his head, one punctured wound on his right buttock and many scratches on his back. He was referred to the District Hospital for X-Ray examination and further treatment. At District Hospital Mandla Dr. Suryawanshi (PW11) gave his opinion Ex.P/19 after getting the radiological examination of the victim where he found that there was a fracture of the right parietal bone on the head of the victim. After due investigation a charge sheet was filed before the Chief Judicial Magistrate, Mandla, who committed the case to the Sessions Court, Mandla. Ultimately it was transferred to the First Additional Sessions Judge, Mandla.

(3.) The appellants abjured their guilt. They took a specific plea that they were sowing onion bulbs in their own land and it was Mathura Prasad who started the quarrel. In that quarrel the appellant Khumani was also injured and he sustained five injuries and therefore, Dr. R. K. Sharma (DW1) and Head Constable Mishrilal (DW2) were examined as defence witnesses.