SHANKARLAL Vs. STATE OF M P

JUDGEMENT

(1.) Both these appeals arise out of the judgment and order dated 1st August 1995. passed by learned III AddI. Sessions Judge, Shajapur, in Sessions Trial No. 251/1993. convicting accused persons for the offence u/s. 323/34 IPC, sentenced to R.I or one year and fine of Rs. 100/each and also for causing simple injury to Rukminibai u/s. 323/34 IPC. sentenced to R.I. for one year and fine of Rs. 100/-. Both the sentences were directed to run consecutively. Whereas the State has flied the appeal against the judgment and order of acquittal of appellants for the offence punishable u/s.302/34 IPC, the accused have pressed the appeal against their conviction.

(2.) Briefly stated the prosecution case as unfolded before the trial Court was that on 17-5- 1993, the incident of marpeet had taken place between complainant Motilal and the appellants on account of dispute over fencing and fixing divider. This fencing was fixed by accused Babulal. On objection, they started assaulting Motilal. When her daughter Rukminibai tried to intervene to pacify the accused persons she was caught by fourth accused Krishnabai. Rukminibai was also assaulted by Kailash. After assault, accused persons left the scene of occurrence. The incident was witnessed by Dhula Ba. The FIR was lodged on the same day by Mottlal on which Crime No. 160/1993 was registered.

(3.) Rukminibai was medically examined on 18-5-1993 by Dr. D.S. Mehta (PW.9). He found four injuries on her person and all were simple in nature. His initial medical report is EX. P.11. Her general condition was normal at that time. She died in the hospital on 25-5-1993, after about 8-9 days from the date of incident. In X-ray examination of skull of deceased Hukminibai no fracture or any kind of bony injuries were found. In postmortem examination also no fracture was found on skull. There was swelling in the brain. According to the evidence of Dr. D.S. Mehta (PW. 9), the injury on the head was simple in nature and deceased died because of infection in the membrane of meanings (meningitis). Dr. P.S. Patidar (PW.3) examined complainant Motilal and found some simple injury on his person.