BHARAT Vs. STATE OF M.P.

JUDGEMENT

(1.) IN this Criminal Appeal, the appellant has challenged his conviction under section 302 of the Indian Penal Code for which he has been sentenced to undergo rigorous imprisonment for life by the learned 1st Additional Sessions Judge, Bilaspur, Link Court at Janjgir, in Sessions Trial No. 178 of 1984, decided on 30.9.1988.

(2.) ACCORDING to the prosecution, the appellant is said to have fenced certain Government lands which was objected Lo by the villagers of the village Pandriya. A panchayat is said to have been held to compel the appellant to remove the fencing. The Panchayat fizzled out as the appellant did not agree to remove the fencing. It is said that the deceased Ramji, who was a Panch of the village, persuaded the appellant to remove the fence yet he declined to oblige him too. It is said that the appellant gave two blows of Tangia to Ramji, who was taken to the hospital in the injured condition. In the Hospital, injured Ramiji was examined by Dr. Guin (PW 11), who as per his injury report (Ex. P/8 -A) found one incised wound 10 cm x 2 cm x 2 cm over the middle of the skull and second incised wound over left side chest. Both the injuries were caused by hard and sharp object. The report (Ex. P/1) of the incident was lodged by Keshav Singh (PW 1).

(3.) THE deceased Ramji was admitted in the Hospital. During the treatment, abscess was formed in the head injury which resulted into his death after a month i.e. on 30.10.1983. Dr. G.B. Singh (PW 15) performed autopsy over the dead body of Ramji, who as per his post -mortem report (Ex. P/15 -A) found that the caused of death was due to brain abscess as a result of head injury. The injury No.2 in the chest was simple in nature.