PRAKASH KHATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment, will also decide Criminal Appeal No. 233 of 1997 and Criminal Appeal No. 249 of 1997 filed by appellant accused Badrilal s/o Hiralal Khati.

(2.) THE appellants accused have preferred the appeals under Section 374 of the Code of Criminal Procedure against the judgment and order dated 25-1-1997 delivered in Sessions Trial No. 41/1993 by learned Third Additional Sessions Judge, Dewas, of their conviction and sentence for the offences punishable under Section 302 read with Section 34 of IPC for the imprisonment for life and fine of Rs. 500. 00 - Rs. 500. 00 and in default further RI of 6-6 months.

(3.) THE prosecution case is that on 30-12-1991 at about 1. 00 p. m. at Badi Phate, the accused Badrilal and Ramprasad quarreled on account of the damage to the crops by the catties. That on the same day at about 5. 30 p. m. when Ramprasad was going to the market, near Badi Phate, appellants accused Badrilal, Prakash and Dinesh caused the injuries to him by lathi and the lathi blow on the head of Ramprasad was given by accused Badrilal and thereafter these three accused persons along with 4 others ran away from the spot. The eye witnesses of the incident were Hiralal (P. W. 2), Mangilal (P. W. 3), Murli (P. W. 4), Laxminarayan (P. W. 5), Rameshchandra (P. W. 6) and Bhimsingh (P. W. 8 ). The incident was informed to the wife of Ramprasad, namely Reshambai (P. W. 9) and Resharnbai (P. W. 9) reached on the spot with Vikramsingh (P. W. 1), Murli (P. W. 4) and Sitabai. The FIR Ex. P-20 was lodged by Sitaram to A. S. I. Prahlad singh (P. W. 13 ). Ramprasad was examined by Dr. K. K. Sharma (P. W. 17) in Primary Health Centre, Bagali and he has found one lacerated wound on his skull vide report Ex. P-26. Thereafter Ramprasad succumbed to the injuries and Dr. Ravindra Choudhary (P. W. 11) reported in autopsy report Ex. P-18 that death was on account of the multiple fractures of the parietal bone of the deceased. During the investigation, I. O. Fatch Bahadur singh (P. W. 12), accused Badrilal, Prakash, Babulal, Dinesh, Bukhar, Radhakishan and Hiralal were interrogated and on the basis of their statements, the Kharada was seized from the possession of accused Badrilal and the lathis were seized from the other accused persons. After the usual investigation, the charge-sheet was filed against the appellants accused alongwith 4 others under Sections 147, 302/149 and 504 of the IPC.