MANGAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Mangal has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life. Appellant Chironjilal has been convicted under Section 323, Indian Penal Code and sentenced to the period of imprisonment already spent by him in jail.

(2.) THE prosecution case is that on 25-5-1982 at 10. 30 P. M. deceased Gomti Prasad was going with his brother Chandra Singh (P. W. 1) to a nearby betel shop in Ghamapur. When they reached near the crossing the deceased was surrounded by appellants Mangal and Chironjilal and 5 other persons. Appellant Mangal is said to have caused injuries on the head of the deceased with a Farsa by inflicting two blows. Appellant Chironjilal is said to have caused injuries to Chandra Singh (P. W. 1) with a Lathi. The incident is said to have been witnessed by Halkai (P. W. 3) also who is father of the deceased. The FIR was lodged by Chandra Singh (P. W. 1) at Ghamapur Police Station at 11 P. M. on the same day and that is Ex. P-1. The panchnama of the dead body of Gomti Prasad was prepared. The post-mortem was conducted by Dr. D. K. Sakallay (P. W. 2 ).-In his opinion in the post-mortem report (Ex. P-2) the cause of death was the head injury.

(3.) THE accused persons pleaded not guilty. The defence of accused Mangal as set out in his statement under Section 313, Cr. PC is that deceased Gomti Prasad with Halkai (P. W. 3) and Chandra Singh (P. W. 1) came to his house and assaulted his sisters and other ladies present in the house. He has further stated that he snatched Farsa of Halkai (P. W. 3) and in his self-defence caused injuries to the deceased. The Trial Court acquitted 5 persons and convicted the two appellants.