DHAMMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is filed against conviction of appellants Dhamma and Fatia for an offence under section 302 Indian Penal Code and they are sentenced to life imprisonment. Fatia died after filing of appeal. His name has been deleted from the array of appellants. Therefore, appeal of Dhamma is being considered. Prosecution case, in brief, is as under :

(2.) POSTMORTEM of deceased Sabharam was performed by Dr. I. A. Qureshi (PW 18). Dr. Qureshi has found two injuries on the body of deceased. Postmortem report is Ex. P-31. He has found following injuries :

(3.) PW 1 Fauja, who is brother of deceased has deposed in his deposition that Dhamma has called Sabharam and Sabharam accompanied Dhamma. After one hour or so, he heard the shout of Sabharam and on hearing the shout, he alongwith Shimbhu, Babu, Chhonga and Sundri rushed towards the spot and saw that Dhamma has given lathi blow to Sabharam near his ears and Fatia had given another lathi blow on the neck of deceased Sabharam. He has further deposed that thereafter, all other accused started beating Sabharam and he suffered injuries in his knees. However, this witness has further deposed in para four that on account of darkness, he could not see the act of each accused in causing injury on the knees or finger of deceased. But in para 16 of the deposition, he admitted that he has made statement before the Police Ex. P-2 and report Ex. P-1 that Dhamma has assaulted Sabharam near his ear and Fatia has assaulted the deceased in the neck but he admitted that this fact is not mentioned in the police statement Ex. D-2 as well as in the first information report Ex. P-1.