RUKMANI Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Smt. Rukmani, Smt. Premiabai and Smt Ramwati were prosecuted u/s. 302 read with section 34 of the Indian Penal Code before the Additional Sessions Judge, Umariya in S.T. No. 10 1/85 vide Judgment dated 3.1.1986. It was held that the appellants had not committed the offence u/s. 302/34 of the I.P.C. but they had committed an offence u/s. 323 I.P.C. and hence they were held guilty u/s. 323 I.P.C. and were sentenced to undergo simple imprisonment for six months each and being aggrieved by the said judgment and conviction they have preferred this appeal.

(2.) In Short, the case of the prosecution was that on 2.6.1985, at about 10 A.M. at village Kathar Mhohur, Police Station Manpur, Chironjiya wife of Ramai (deceased) aged about 60 years was assaulted by wooden bamboo sticks (Dangis) by the accused appellants when the appellants were picking Mahua fruits from the trees standing in the filed of Chironjiya Bai. The incident was witnessed by some boys and information was also given to Domri son of Chironjiya Bai. Chironjiya Bai had expired. A report of the incident was lodged at the police station by Domari Sio Ramai. After usual formalities and investigation a chargesheet u/s. 302/34 I.P.C. had been put up against the appellants.

(3.) The appellants had abjured the guilt before the trial Court.