GOPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is by accused Gopal, Ramnivas and Jagdish who all have been convicted under Section 302/34 and 307/34 of the Indian Penal Code and sentenced to imprisonment for life for both the with additional sentence of fine Rs. 10,000.00 for the former offence and Rs. 5,000.00 for the latter, by lInd Additional Sessions Judge, Mandsaur, vide impugned judgment dated 25/5/1996 in Session Trial No. 192/1995.

(2.) The incident took place around 12.00 Oclock in the noon on 30th May, 1995, at village Sunthi, when it is said that deceased Bapulal had gone in the fields of the village to answer the natural call and was assaulted by accused appellants by means of axe, knife and iron rod. Accused Jagdish, it is alleged, dealt with axe blows chopping off both the hands of the deceased, while accused Ramnivas and Gopal assaulted the deceased by means of iron rod and knife, respectively. Another co-accused Bherulal (since acquitted) also accompanied the appellants and, it is said, that he was keeping watch so as to prevent any intervention. Dakhubai (PW 2), the widow of the deceased, on seeing assault on her husband, rushed to the spot and tried to save the latter. She was also assaulted by the accused persons causing servere injuries to her.

(3.) The police, on receipt of information about the incident, reached the spot and recorded FIR (Ex. P/3) at the instance of Dakhubai, the same day at 7.00 p.m. Later on, a crime was registered at P.S. Nahargarh the same evening and the investigation followed. Dakhubai was examined and treated for her injuries the same evening at District Hospital, Mandsaur, vide report Ex. P/2 1. Inquest as to the cause of death of the deceased was conducted by the police and the autopsy of the body of the deceased was also got performed the next morning, vide post mortem report Ex. P131. Accused persons were arrested on 14/7/1995 and the arms used by them in the incident were also recovered in the wake of information given by them in police custody. After other necessary investigation they all were charge sheeted for trial.