RAMMU ALIAS RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Anni Lal stands convicted under Section 302 of the IPC with sentence of imprisonment for life and appellant Rammu alias Ramesh stands convicted under Section 302/34 of the IPC, with sentence of imprisonment for life, vide impugned judgment dated 4-8-1984 passed by the Additional Sessions judge, Narsinghpur in Sessions Trial No. 86/1993.

(2.) THE prosecution case as portrayed during trial is that in the intervening night of 6-7th June, 1993 deceased Gautam was assaulted while he was sleeping on a cot in his field near the tube well. His brother Nanhe Veer (P. W. 10) was also sleeping on the same cot. At about 3 AM. the appellants came to the place of occurrence and assaulted the deceased Gautam. Appellant No. 2 Anni Lal was armed with an axe, while appellant No. 1 Rammu alias ramesh was armed with a Barchhi. On hearing the cries of the deceased, nanhe Veer woke up and saw the appellants assaulting the deceased. He rushed to the nearby field and informed Babbu alias Dhanpat, Suresh and brijesh about the incident. Thereafter he went to his village where he informed kotwar, Nand Ram (P. W. 3) that someone had murdered his brother.

(3.) THE case of the prosecution further is that Nanhe Veer (P. W. 10) went to the house of Rajendra Singh (P. W. 5) and informed him regarding the incident. Rajendra Singh (P. W. 5) went to Police Station, Gotegaon, where he lodged First Information Report vide Ex. P-l at 6. 10 A. M. The distance of police station from the place of occurrence is 11 Kms. R. D. Dwivedi (P. W. 11), sub Inspector, Gotegaon, reached the spot and commenced investigation. He prepared spot map (Ex. P-12 ). He also prepared inquest Panchnama (Ex. P-13 ). The body of the deceased was sent to Government Hospital, Gotegaon with a requisition for post- mortem examination. Post-mortem was conducted by Dr. R. S. Chakrawarti (P. W. 13) on 7-6-1993 who found the following injuries on the body of the deceased:-