MANIRAM Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 25.8.2005 passed by the First Additional Sessions Judge, Chhindwada in ST. No. 170/2004 whereby he has been convicted of offence under Section 302 read with Section 34 of I.P.C and sentenced to life imprisonment with fine of Rs. 500/ -; in default of payment of fine R.I of three months.

(2.) THE prosecution's case in short, is that, deceased Sumarsi had enmity with the appellant Maniram and co -accused Mishrilal over a land dispute. On 23.3.2004 at about 6.30 p.m Rajesh, son of deceased Sumarsi, was returning home with a herd of goats in Village Churaka Hiri Tola (Police Station Amarwada, District Chhindwada). On way some of the goats strayed in the khaliyan (a place where the ripen crop is collected) and damaged the crop of wheat. Kishan, father of the appellant, abused Rajesh for being negligent. Then deceased Sumarsi came out of the house to confront Kishan. At that point of time appellant Maniram and Mishrilal went inside the house and came back with a lathi (stick) and wooden moosal (column pestle). Mishrilal then gave two blows of wooden moosal on the back of head of Sumarsi whereas, the appellant Maniram gave a blow of lathi on his back. Sumarsi fell down on the ground. Saraswati (PW6), wife of the deceased, Aoliya alias Adalii (PW7) etc. tried to intervene and save the deceased. Ajabsi (PW23) immediately intervened and stopped the accused persons from causing further assault and thereafter, they left Sumarsi on the spot. Ajabsi and Shriram (PW1) took Sumarsi in an unconscious state in the courtyard of his house and thereafter, he was taken on a cot up to Surlakhapa. Thereafter, in a jeep they took Sumarsi to Government Hospital Amarwada but, he died. Dead body of the deceased Sumarsi was sent for post mortem. Dr. A.K. Das (Pw13) had performed postmortem on the body of the deceased Sumarsi and gave his report Ex.P/15. He found two injuries on back of his head caused by a heavy weapon. Below the injuries on head occipital bone was found fractured in pieces. One blunt injury was also found on the back of the deceased. The deceased had died due to head injury. After due investigation a charge sheet was filed before the JMFC, Amarwada who, committed the case to the Sessions Judge, Chhindwada and ultimately, it was transferred to the First Additional Sessions Judge, Chhindwada.

(3.) THE appellant abjured his guilt. He did not take any specific plea in his defence. However, Dr. S.K. Bindra (DW1), J.N. Singh Baghel (DW2) and Kishan (DW3) have been examined in defence to establish the fact that the appellant was blind and he could not see properly.