GAULI BRAJLAL GOND Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 31.1.2003, passed by Second Additional Judge to the court of First Additional Sessions Judge, Chhindwara, in Sessions Trial No.121/2001 convicting them under Sections 302/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/ -.

(2.) IN short the prosecution case is that appellants, who happened to be Gond Adiwasi people, suspected that their pitcher of Lahan (Country liquor) was stolen by Gunthu @ Mangal Singh (deceased). On 11.3.2001, at about 9.00 am, they caught hold of Gunthu and carried him to the temple of Lord Hanuman for swearing, but appellant Chunnu put a Gamcha (towel) around his neck and appellant Gauli taking a stick of the flag assaulted him. Appellant Balwant and Annu also assaulted him with sticks. Balwant, Annu and Chunnu ran away, but Gauli continued to beat him. When Gunthu fell down, Gauli also ran away. Incident was witnessed by Mujru (PW -1) and Saman Singh (PW -2), the brothers of Gunthu. As a result of injuries, Gunthu died at the spot. Mujru (PW -1) went to Police Station, Damua and lodged first information report (Ex.P/1) at 9.40 am.

(3.) AFTER recording Murg intimation report (Ex.P/2), police reached at the spot and in presence of witnesses conducted inquest proceedings vide memorandum Ex.P/9. Investigating officer sent the dead body for postmortem examination to Community Health Centre, Damua where Dr.Girish Chourasiya (PW -3) performed the postmortem examination.