DHANNA ALIAS DHANIYA Vs. STATE OF M P

JUDGEMENT

(1.) Being dissatisfied with the judgment dated 2-8-1999 passed by the learned Addl. Sessions Judge, Rajgarh (Blaora) in S. T. No. 29/91, thereby finding the appellant Dhanna guilty of the offence punishable under Section 302, IPC and appellants Amra and Gokul under Section 302/34, IPC, convicted them accordingly and sentenced appellant Dhannalal to suffer imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine to suffer additional, R.I. for one year u/S. 302, IPC and appellants Amra and Gokul to suffer imprisonment for life under Section 302/34, IPC. Out of the amount of fine, Rs.10.000/- has been directed to be paid as compensation to the dependents of deceased Harisingh, the appellants have come up in appeal before this Court.

(2.) Briefly stated, the facts of the case as unfolded before the trial Court were that on 16-11-1990 about 1.00 p.m. in the way from village Sadla to Sedora, appellants Amra, Gokul and Dhanna and co-accused Biram assaulted Harisingh thereby causing grievous injuries to him. The incident was witnessed by Bhimsingh, Prabhu, Shivlal Singh and Seema. The matter was reported by P.W. 5 Bheemslngh at Police Station Bhojpur vide Ex. P/2, The injured Harisingh was sent to the Hospital at Khilchipur and from there he was referred to District Hospital, Rajgarh, for examination and treatment, Dr. J. C. Gupta (P.W. 10) examined Harisingh on 17- 11-1990 and issued injury report Ex. P/17. In the hospital at Rajgarh, Harisingh died on 18-11-1990. This doctor also performed autopsy on the dead body of deceased Harisingh and gave post-mortem report Ex. P/18. In the opinion of the medical expert, Harisingh died because of head injury resulting into intra-cranial haemorrhage leading to coma. The appellants were arrested and at their instance weapon of offence were seized, Police prepared the spot-map Ex. P/19, Control and blood stained earth was seized from the place of incident. Articles were sent for Chemical Examination to the Forensic Science Laboratory, report whereof is Ex. P/22. After due investigation, the appellants were charge-sheeted. They denied their guilt and therefore, they were put to trial. To establish its case, prosecution examined as many as 13 witnesses while the defence did not examine any witness. The learned trial Court, after hearing both the parties, found the appellants guilty and sentenced them as indicated hereinabove.

(3.) Against co-accused Biram, proceedings under Section 299 of the Cr. P.C. were initiated and he was declared absconding.