BARRO BAI Vs. STATE OF M P

JUDGEMENT

(1.) This common judgment shall govern the disposal of both the appeals as they have arisen out of the same impugned judgment. The above named appellants have been convicted for an offence under Section 302 read with Section 34 of the Indian Penal Code (for short "the IPC") for committing the murder of Chokhelal on 13-7-2004 at 1.00 p.m. at Village Mangudiya, and sentenced to undergo imprisonment for life with fine stipulation. The impugned judgment dated 17-11-2006 was passed by VII Additional Sessions Judge, Jabalpur in Sessions Trial No. 640/2004.

(2.) According to the prosecution case, Chamanlal lodged a report that on 13-7-04, at about 1.30 p.m., while he was there in his home, daughter of Bhagirath came and informed that Chokhelal had been assaulted jointly by Bhure, Chippu and Gayadeen with lathis and was lying near Rethra Hand-pump. Chamanlal immediately rushed towards the spot and found that Chokhelal was lying on the ground and blood was oozing from his head. On his query as to assailants, Chokhelal informed that when he was going to lodge report of Bhure with regard to the altercation in the backdrop of Chokhelal prohibiting Bhure from letting Bhure's cattle graze in his paddy field, Bhure, Chippu and Gayadeen assaulted him with lathis on his head and hand near the Rethra Hand-pump and the incident was witnessed by some inhabitants of the locality. Saying this, Chokhelal fell unconscious.

(3.) Thereafter, Chokhelal was shifted to Hospital. Injury report (Exh. P-13) was prepared by Dr. H.P. Singh (P.W. 6). He found lacerated wounds, one on the right parietal region, second on the left parietal region and third on the right middle finger. At that time also, Chokhelal was unconscious. Chokhelal died on 15-7-2004 during the course of treatment. Autopsy was conducted by Dr. Ashok Jain (P.W. 13) and after recording of evidence of material witnesses and on completion of the investigation, charge-sheet was filed.