BHERU D BALAI Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment and order passed by learned IVth Addl. Sessions Judge, Alot, Distt. Ratlam in the file of S.T. No. 47/1992, dated 23-2-1994, wherein learned Judge has convicted the appellants u/S. 307 of the IPC and sentenced each of them to undergo RI for five years and fine of Rs. 1000/- and in default whereof they were further sentenced to undergo RI of two months.

(2.) Prosecution case in brief is that on 7-11-1991 Gangaram (P.W. 9) lodged a report in police station, Alot, that he had old ill- will and enmity with appellant-Bheru S/o Nandram and on account of this one day prior to 7-11-1991 there was a quarrel between him and appellant-Bheru. Appellant-Bheru rushed towards him with a sword for assault but complainant-Gangaram ran away. This incident was witnessed by Bheru u/S. Dhulaji (P.W. 4), Shankar s/o Bheru and Mangu s/o Bhuvan. After day's incident in the same night when he (Gangaram P.W. 9) went to answer the call of nature near his house, at that juncture appellant-Bheru s/o Nanda, his nephew Mohan s/o Shankar all of a sudden reached over there. Appellant- Bheru was having farsi with wooden handle and Mohan was possessing sword. Bheru assaulted the complainant by hand of farsi on his head and appellant-Mohan dealt sword blow on the back portion of the head. Complainant fell unconscious and after regaining consciousness he came to his house and disclosed about the incident to his mother Shaitanbai (P.W. 11). He also disclosed the incident to Ramlal and Onkar. Thereafter they did not proceed to police station in the night because of non-availability of transportation. On the next day morning he lodged the report (Ex. P.18). Police took cognizance and sent Gangaram for medical examination. He was medically examined by Dr. Bherulal Chaturvedi (P.W.8). His report is Ex. P. 11. X-ray plates were proved vide Exs. P. 12 and P. 13. Bed head ticket Ex. P. 14 in continuation up to Ex. P. 15. Answer to query proved vide Ex. P. 17. During the course of investigation, police prepared spot map (Ex. P. 19) and effected seizure of blood stained clothes of Gangaram through seizure memo (Ex. P.22). After arrest of the appellants in pursuance of the memorandum statement of appellant- Bheru vide Ex. P.2 farsi with wooden handle was seized, seizure memo is Ex. P.5 and on disclosure statement made by appellant- Mohan (Ex. P.3) sword was seized through seizure memo Ex. P.4. From the spot blood stained earth and controlled earth were seized vide seizure memo Ex. P. 7 and all seized articles were sent for chemical examination to FSL, Sagar. Its report is Ex. P.23 with letter Ex. P.24. After investigation, appellants were charge-sheeted u/S. 307/34 of the IPC.

(3.) The appellants have abjured their guilt. According to them they were falsely implicated and witnesses were speaking against them because of tutoring by the police.