LAKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 7.4.2000 passed by the learned Third Additional Sessions Judge, Damoh in ST No. 166/1995 whereby, he has been convicted for offence punishable under Section 302 of IPC and sentenced to life imprisonment and fine of Rs. 5000/ -, in default of payment of fine, additional RI for six months.

(2.) THE facts of the case, in short, are that on 25.9.1995 the appellant and his companions chased one Kishori, brother -in -law of the deceased Laxman at Village Sankuiya, Police Station Ghaisabad, District Damoh. At about 7.30 p.m the victim Kishori entered inside the house of the deceased Laxman. The appellant and the co -accused surrounded the house and therefore, the deceased Laxman came out and requested the assailants to go back to their respective houses. Then the appellant Lakhan assaulted the deceased Laxman on his head by a ballam (spear) from its blunt side. The other accused had also assaulted the deceased Laxman by sticks on various parts of the body like eyes, shoulder and thighs. When Nawal Kishore (PW3) rushed to save the deceased Laxman, then the accused had also assaulted the witness Nawal Kishore by sticks causing him injuries on both the shoulders, back, both thighs and right thumb. The complainant Uma Prasad, son of the deceased Laxman, had lodged an FIR Ex.P/1 at Police Station Hatta and thereafter, the intimation was transferred to the Police Station Ghaisabad, where the case was registered. Dr. S. Nikhar (PW9) examined the deceased Laxman when he was alive and gave his report Ex.P/31 -A. The deceased Laxman expired in the hospital. His dead body was sent for post mortem. Dr. O.P. Dubey (PW12) had performed post mortem upon the body of the deceased at District Hospital, Damoh and gave his report Ex.P/33. He found a lacerated wound to the deceased on right frontal region on the left side of the eyebrow. Below that wound he found subdural haemetoma and hemorrhage on right frontal, right parietal and right occipital region. He also found a contusion below the first wound. On opening of the body a depressed fracture of right frontal bone was found. The deceased died due to head injury. After due investigation a charge sheet was filed before the JMFC, Hatta who, committed the case to the Sessions Court and ultimately it was transferred to the IIIrd Additional Sessions Judge, Damoh.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the parties acquitted the remaining accused persons of the charge of Section 302 of I.P.C, the co -accused Kanhai, Ratan and Chidami were convicted for offence under section 323 of IP.C relating to the victim Nawal Kishore whereas, the appellant has been convicted and sentenced as mentioned above.