RAMA RAMCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 358/86; Peeru and another v. State of M.P. preferred against the same judgment.

(2.) The appellants in both these appeals stand convicted under Section 302/34 I.P.C. and sentenced to suffer imprisonment for life and to pay fine of Rs. 1000/- and in default, to suffer R.I. for six months, in a judgment impugned in these appeals, rendered by the 2nd Additional Sessions Judge, Ratlam in S.T. No. 40/85 on 14th July, 1986.

(3.) Briefly stated, the prosecution story is that on 6.3.1985 at about 10.30 P.M. Rama Sb Vardichand armed with a stick came to the house of the deceased Narayan and asked him to come out of the house. Narayan came but and saw appellants Peeru, Ambaram, Rama S/o Kodar, Baboo and Badri in front of the house. Narayan on seeing then fled for his life but the aforesaid persons chased him declaring that they would kill him. He was surrounded by these persons and was assaulted. The shrieks of the victim proved eventful. The aforesaid persons after the attack escaped on seeing Bhuibai, grand son and the daughter-in- law. Narayan succumbed to the injuries on the spot. The First Information Report was lodged by Bhuribai (P.W. 1) which is marked in this case as Exh. P/1. Post mortem was conducted by Dr. K.C. Sharma (P.W. 14) and the post mortem report is Exh. P/37. The injury report of Bhuribai is Exh. P/9. The appellant Peeru also sustained injuries in the course of the same incident and the injury report is Exh. P/10. Spot maps Exh. P/2 and P/S were prepared. The weapons of assault were seized pursuant to the information and submitted for chemical examination. The report of chemical examiner is Exh. P/31. After completion of investigation, the charge sheet was filed in the Court. The appellants were charged under Sections 341 and 302 I.P.C. to which they pleaded not guilty. On trial, they were acquitted of the charge under 5. 341 I.P.C. but were convicted under Section 302/34 I.P.C. and sentenced as noted above. 3. Aggrieved by the aforesaid judgment, Rama Ramchandra and Badri have preferred an appeal registered as Criminal Appeal No. 357/86 whereas Peeru and Ambaram have preferred an appeal registered as Criminal Appeal No. 358/86, which have been heard together as connected matters.