BIHARI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 05.03.2002 passed by Second Additional Sessions Judge, Barwani in S.T.No.36/2001 wherein the appellants have been convicted for offence under Section 302/34 of IPC and sentenced to undergo R.I. for life.

(2.) THE FIR (Ex.P -1) in this case was lodged by one Motilal PW -1 in police station Rajpur on which offence under Section 302/34 of IPC was registered against the appellants vide crime no.429/2000 and Madanlal Shukla, S.H.O.Rajpur, PW -10, investigated the matter and prepared the spot map Ex.P -2, and blood and mud were seized vide seizure memo Ex.P -3, Panchnama of the dead body of the deceased Ex.P -4 was prepared in the presence of Lahria, PW -2 and Pratap PW -7. Appellants were arrested vide Ex.P -12 and Ex.P -13 and on their interrogation, memorandum Ex.P -7 and Ex.P -9 were prepared. The weapon Kharalia used by appellant -Bihari and Kulhadi used by appellant -Gajanand were seized vide seizure memo Ex.P -8 and Ex.P -10. The body of the deceased was sent for postmortem to Primary Health Centre, Rajpur, where Dr. R.K.Dubey PW -5 conducted the postmortem. As per the postmortem report, (Ex.P -6) cut injury, contusion and fracture were found on the head of the deceased. The doctor opined that the cause of death was on account of injury on the head and brain.

(3.) AS per the case of the prosecution, the appellants were waiting for Ramu. As soon as he reached opposite to the house of Dhanna, Bihari was hving Kharalia in his hand caused a blow on the back of Ramu, while Gajanand caused injury with axe because of which he fell down. Thereafter, Ramu was taken inside by Gajanand in his house. There also he gave beatings to Ramu and after about 5 -10 minutes, he brought Ramu outside his house and left him there. It was thereafter, Ramu was taken in a tractor which was brought by Son of Khushal. Thereafter Ramu was taken in that tractor and information was given to Pratap Sarpanch about this incident. Ramu while being taken to the hospital died.