RAMCHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present Criminal Appeal is directed against the judgment of conviction and order of sentence dtd. 8/3/2001 passed by the Additional Sessions Judge, Sabalgarh, District Morena (M.P.) in Sessions Trial No. 294 of 1999; whereby the present appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.2,000.00 in default to suffer additional R.I. for six months.

(2.) Prosecution story, in short, is that on 21/7/1999, at about 6.00 P.M., complainant Ramprasad lodged a report to the effect that on the same day at about 4 PM, Malkhan and Pappu @ Kashiram were fencing their courtyard. At that juncture, accused Ramcharan (appellant) and Ramswaroop armed with Gadasis (Pharsas), Brijesh and Suresh armed with Luhangis, Jagannath, Ramgopal, Kamlesh and Kalli came with Lathis and prevented them from fencing the courtyard. Then, with an intention to kill Ramcharan dealt a Gadasi blow on the head of Pappu @ Kashiram, while the second gadasi blow was inflicted by Ramswaroop again on his head. As Malkhan came forward to intervene, co-accused Brijesh, Suresh, Jagannath, Ramgopal, Kamlesh and Kalli threw him on the ground and with an intention to kill assaulted him with luhangis and lathis, on his back, hands and legs. Malkhan also fell down. Both the injured persons were rendered unconscious. They were rescued by complainant Ramprasad, Babu, Prithvi, Ramesh and Shripal while the miscreants fled from the spot. Thereafter the complainant and his associates brought Malkhan and Pappu in an unconscious condition for lodging report.

(3.) Upon such information given by complainant Ramprasad at Police Station Raghunathpur, District Sheopur, FIR was registered at Crime No. 21/99. The injured were sent by Ashok Singh Tomar (P.W.14) for medical examination to Sabalgarh hospital. Dr. R.B. Agrawal (P.W.1) conducted the MLC of Pappu and Malkhan and as the condition was serious, they were referred to Gwalior Hospital, where during treatment on 22/7/1999 at about 2.00 PM Pappu passed away.