KASHIRAM NANDA Vs. STATE

JUDGEMENT

(1.) THE accused were on inimical terms with one Jaganath now deceased and there were some disputes going on between them before the Revenue Courts. On 13-7-1952 the deceased Jaganath was working in a field which belonged to the accused Keshya and was taken by the deceased in lieu of his debt. The deceased was working in the field since mid-day assisted by his servant one Shankar Chamar. When both of them were returning from the field in the evening and were crossing a nala on the way they were attacked by the three accused with lathies. Shankar ran away but Jaganath was mercilessly beaten and sustained. 12 injuries which included a compound depressed, fracture of the left temporal bone. Jaganath died as a result of these injuries on the following day.

(2.) UPON these facts the three accused along with two other persons were put up for trial under Sections 302/149/147, I. P. C. The Additional Sessions Judge Dewas acquitted the other two persons but convicted the three appellants under Section 325, I. P. C. and sentenced each of them to rigorous imprisonment for 7 years. Aggrieved by this, the accused have preferred this appeal against their conviction and sentence.

(3.) MR. Rege, the learned Counsel for the appellants urged that the lower Court has found that there was a mutual fight between the two parties, but the learned Judge has failed, to determine which party had commenced the assault. The learned Counsel contended that the injuries on the body of the deceased were not those of rod marks but were such as could be caused by fall. P. W. 2 Shankar and P. W. 20 Amara have stated that the deceased Jaganath was beaten by sticks. The story given out by the prosecution witnesses was thus not correct. The learned Counsel also submitted that there was no charge under Section 34, I. P. C. though the learned Judge had made use of this section in determining the guilt of the accused.