JHEENA Vs. STATE OF M P

JUDGEMENT

(1.) Four persons, namely, Jheena, Bhojelal, Ramsingh and Chokhe, were tried for the murder of Dukalu. All of them have been convicted of this offence and sentenced to life imprisonment. Criminal Appeal No. 1509 of 1980 is by Jheena and Ramsingh, while Criminal Appeal No. 77 of 1981 is by Bhojelal against their convictions and sentences. We are informed that the fourth convicted accused Chokhe has not preferred any appeal against his conviction and sentence.

(2.) At the very outset, we shall dispose of the appeal of Ramsingh. The challan as well as the first information report mention the age of Ramsingh as 15 years. The entire material available on the record, therefore, indicates that Ramsingh was definitely below the age of 16 years even at the time of his trial. Accordingly, he was governed by the provisions of the M.P. Bal Adhiniyam and his trial and conviction according to the general procedure are, therefore, invalid. We accordingly set aside the conviction and sentence of Ramsingh son of Garabsingh for this reason alone. We also direct that he be dealt with in accordance with the provisions of the M.P. Bal Adhiniyam.

(3.) We shall now take up the case of the remaining two appellants Jheena and Bhojelal. There is ample evidence to support the conviction of both these appellants. The incident occurred at about 3 P.M. on 19-6-1980 in village Tinsai, at a distance of 9 Kms. From Police Station Umreth. The first information report (Ex. P-I) was lodged at 8.15 the same evening by Bisanlal (P. W. 1), an eye witness of the incident. It was mentioned therein that the deceased Dukali was assaulted in his field at about 3 P.M. that day when he was taking his meal and his mother and wife were sitting near him. The assailants were named as Chokhelal and Jheena armed with heavy sticks and Bhojelal armed with a Sabbal. In addition to a boy aged about 15 years, i.e. Ramsingh. The injuries proved fatal on the spot. The post-mortem conducted on the dead body of Dukal; proved that he .had sustained five lacerated wounds on his head and face, which had resulted in fracture of the parietal bones and right mandible. The head injuries alone were sufficient in the ordinary course of nature to cause death and the cause of death was shock and haemorrbage due to fracture of the skull bones.