BHAGWATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this appeal under Sec. 374 of the Crimial P.C. the appellants have challenged their conviction for offence under Sec. 302 read with Sec. 34 of the Penal Code and sentenced of life imprisonment each with fine of Rs.2000.00 each; in case of default, they were further undergo the sentence of six months R.I. each.

(2.) Briefly stated the prosecution case is that deceased Radheshyam was going to his shop of Motor binding situated at Khachrod. When he was waiting for the Tempo at Panwasa Fanta, Batlawadi Road, then the accused Bhagwati and Arjun armed with iron rods and accused Deepak with lathi came there and started hurling verbal abuses at Radheshyam. They said that he was doing dadagiri and whistling. On being told not to do so by Radheshyam, accused Bhagwati and Arjun with the iron rods and Deepak with the lathi started assaulting him; as a result, Radheshyam received injuries on the head and on the right elbow, left shoulder, calves of both the legs and on the left ankle and other injuries. On hearing his shouts Jitendra (P.W.2), Yogesh (P.W.7) and Dharmendra (P.W.8) intervened and tried to save him. The accused while turning away threatened that this time he was saved but on the next occasion they would kill him. Taking the injured Radheshyam to Khachrod a report was filed at the P.S. Khachrod vide Ex.P/1 by Jitendra (P.W.2). After completing the medical examination x-ray was advised and he was sent to District Hospital at Ujjain The MLC is Ex.P/17. Radheshyam succumbed to his injuries on the way at Ujjain and on the information given to the P.S. Kotwali, Ujjain vide Ex.P/20-C by the compounder D.S. Parmar, the autopsy report and the inquest report were filed vide Ex.P/15 & P/16 and body was sent for postmortem to District Hospital at Ujjain. Dr. Shyamlal Gupta (P.W.13) conducted the postmortem and found four injuries which are as under:- 1) Stitched wound over it. Leg, size -5 cm long. 2) Stitched wound over Rt. Leg lower - Y3 on destiching fracture of Tibia and tibula was found.

(3.) ) Contusion over it. side of chest at lateral aspect brownish black in colour 6 cm diameter fracture of 10th and 9th rib was found.