GOVIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Having been convicted, by Shri D. N. Joshi, Second A. J. to S. J. Sagar, camp at Rehli for alleged commission of an offence punishable under Section 302 I.P.C. and having been sentenced to undergo imprisonment for life, the present appellants have filed this appeal.

(2.) Prosecution case is that previously the present accused were keeping their grocery shop of a raised platform belonging to Municipal Committee, Deori. The Municipal Committee had dismanled the said raised platform for making some other construction. Therefore, the accused placed their shop only from two or three days before the incident dated 13-3-85 in front the shop of Kapoor Chand (since deceased). The residents and shopkeepers of, the vicinity felt aggrieved on account of accused keeping their shop at the said place on the ground that the said shop had blocked their passage. Therefore, when on 13-3-85 at about 3 to 3.30 p.m. the accused were digging holes in the ground placing some shade on their shop, Kapoor Chand protested regarding it. Thereupon, the accused started abusing him. Kapoor Chand forbade them from abusing him. Consequent to it Raj Kumar (appellant No. 2) and Govind started dealing blows by means of iron rods which they were having in their hands at that time. According to the contents of the first information repot each of the accused/appellant dealt one blow each on the head of Kapoor Chand. Kapoor Chand fell down on the ground. Govind dealt yet another blow which hit the wrist or arm of Kapoor Chand.

(3.) Kapoor Chand was immediately shifted to the hospital but (looking the injuries sustained by him in all its probality) Kapoor Chand died at the place of the incident itself.