RAMESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of Cr.P.C assails the judgment dtd. 17/4/2000 passed by the Special Judge, Vidisha in Special Case No. 69/98, whereby, appellants- Santosh, Ramesh, Pappu and Gabbar have been convicted under Sec. 302 read with Sec. 34 of IPC and sentenced to undergo life imprisonment with fine of Rs.500.00 and appellant No.1-Ramesh has further been convicted under Sec. 323 of IPC and sentenced to undergo three months simple imprisonment with a direction that both the sentences shall run concurrently.

(2.) Brief facts giving rise to the present case are that on 7/5/1998 at about 11:00 AM near Ahmadpur Square, present appellants i.e. Ramesh and his sons Santosh and Pappu @ Gajendra and son of landlord Gabbar, assaulted the deceased Laxminaran by means of gupti and katarna. When the family members of the deceased came to rescue the deceased, appellant Ramesh assaulted complainant/Tulsiram with lathi, due to which he sustained injury on his right leg. Afterwards, the present appellants ran away from the spot. Complainant Tulsiram took deceased- Laxminarayan in injured condition to the hospital and on the way, the deceased died.

(3.) In hospital, at about 11:45 AM, father of the deceased Tulsiram lodged Dehati Nalisi vide Ex.P/1 and on the basis of which, Merg under Sec. 174 of Cr.P.C. was recorded and Crime No. 94/98 was also registered under Ss. 302, 34 and 323 of IPC. Panchnama of the dead-body was prepared vide Ex.P/11 and dead body was sent for postmortem.