THAKURDEEN Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 9.2.1990 delivered by the Additional Sessions Judge, Umaria in Sessions Trial No. 94 of 1988 against the conviction and sentence of the Appellant for imprisonment for life and for 7 years under Section 302 and 307 of the Indian Penal Code respectively and also for rigorous imprisonment for six months under Section 323 of the Indian Penal Code, the sentences to run concurrently.

(2.) The prosecution case is that on 14.6.1988 at about 7.30 P.M. at village Bholgarh when Rampratap (P.W.2) and deceased Maru went to the house of Appellant Thakurdeen to chat with his brother then suddenly the Appellant started hitting deceased Maru with the stick. The wife of the Appellant Thakurdeen made the cry that her husband was beating the deceased Maru. Phool Singh (P.W.1) and others reached there and saw that Rampratap (P.W.2) was requesting the Appellant not to beat Maru. That thereafter the Appellant inflicted lathi blow on the head of Rampratap (P.W.2). That when Phool Singh (P.W.1) intervened to save Rampratap (P.W.2), the Appellant also gave a stick blow to Phool Singh (P.W.1). That immediately after the incident Maru succumbed to the injuries.

(3.) Phool Singh (P.W.1) rushed to the police station where the Station House Officer Mangleshwar Singh (P.W.13) recorded the first information report (Ex.P.1). During the investigation, on 15.6.1988 the spot map (Ex. P.2) was prepared and the dead body was sent for medical examination to the Primary Health Centre where Dr. R.S. Pandey (P.W.5) found two lacerated wound on the person of the deceased which were caused by hard and blunt object. On the same day Dr. N.D. Shukla (P.W.6) examined Rampratap (P.W.2) and Phool Singh (P.W.1) and found on their person 12 and 2 injuries, respectively, which were caused within 24 hours by hard and blunt object and Ex. P.6 and Ex. P.7 are his reports, respectively.