JAGANNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment and finding dated 22-7-97 passed by the learned Sessions Judge, Rajgarh (Biaora) in Sessions Trial No. 66/96 thereby convicting the appellant under Section 302, Indian Penal Code and sentencing him to suffer imprisonment for life with fine of Rs. 500/-, in default of payment of fine to suffer six months additional R. I.

(2.) BRIEFLY stated, the prosecution case before the Trial Court was that the deceased Mangilal went to graze she-buffaloes to the forest on 9-2-96 in the morning between 7 and 8. 00 A. M. In the noon at about 1. 00 P. M. , his brother Badesingh also went to the forest with noon-meals. Badesingh, after giving food to the deceased Mangilal, returned back to his house. Thereafter at 3. 00 P. M. the she-buffaloes returned back to the house but the deceased Mangilal was not with them. On this, Bherulal, father of the deceased, brother Badesingh, and one Kalu went in search of the deceased Mangilal in the forest situated in Village Devziri. They saw the appellant and Mangilal Sondhia going hurriedly towards the Village Devziri with their buffaloes. Just thereafter Kamalsingh (P. W. 6) and Karansingh (P. W. 7) met them in weeping condition. On asking by Bherulal about whereabouts of Mangilal, they, while weeping disclosed that the appellant had driven out their she-buffaloes from the forest and assaulted the deceased Mangilal and made him to lie in the Devziri rivulet. On this information, Bherulal and his companions reached at the rivulet and found Mangilal lying there sustaining several injuries on his person. Mangilal was dead. Bherulal went to the Police Station and lodged the First Information Report (Ex. P-1 1 ). According to this report, on account of dispute over grazing of cattle the appellant had assaulted the deceased Mangilal. The First Information Report was recorded by Bhimsingh Aharwal (P. W. 10 ).

(3.) THE police party reached at the spot and after preparing the inquest and spot-map sent the dead-body of Mangilal for post-mortem examination. The autopsy conducted by Dr. R. C. Banjare (P. W. 5), who found some abrasion, ligature mark, bruises and fractures of numerous bones of both hands. On internal examination, the doctor also found fracture of fourth and 7th and 8th ribs of the deceased. The thyroid cartilage and tracheal ring were broken. According to him, the deceased died because of asphyxia due to strangulation. The post-mortem report is Ex. P-5.