CHANNE GADARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE above appeals arise out of judgment dated 7th October, 1999 of the learned Sessions Judge, Tikamgarh, in Sessions Trial No. 102/98 by which all the appellants have been convicted under Section 302/34 of the IPC and sentenced, to imprisonment for life and fine of Rs. 5000/-, in addition, appellant Channe has been convicted under Section 326/34, IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs. 2000/-, appellant Veeran Gadariya has been convicted under Section 326, IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs. 2000/- and appellant Devi has been convicted under Section 326/34, IPC and sentenced to rigorous imprisonment for 5 years and fine of Rs. 2000/ -. The judgment also directs them to suffer imprisonment of 5 months in default of payment of said amount of Rs. 5000/- and two months on failure to pay the amount of Rs. 2000/ -. The sentences awarded have been directed to run consecutively.

(2.) THE prosecution case before the Trial Court was that on 8-6-98 at about 6. 00 a. m. , on account of the enmity with reference to a land dispute, the accused persons attacked Adku, his wife Phulabai and his son Uttam with axe, lathi and lohangi (an iron shod stick) and caused death of Adku while grievous hurt was caused to Phulabai. P. W. 2 Ramprasad lodged the report Ex. P-2 within two hours of the incident. On the basis of the report, P. W. 16 Chanderiya proceeded to the spot and forwarded Adku and Phulabai to the hospital for examination of their injuries while inquest was held on the dead body of Uttam and report Ex. P-8 was prepared. Under seizure memo Ex. P-7, broken pieces of bangles from the spot were seized. On examination of the body of Uttam, P. W. 14 Dr. S. M. Tiwari found the following injuries as recorded by him in the post-mortem report Ex. P-25 :

(3.) BODY of Adku was also forwarded for post-mortem. P. W. 14 Dr. S. M. Tiwari performed autopsy. On the basis of his examination and the report Ex. P-23 given by him, the following injuries were found :