BHOLA Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 784 of 1984 (Indrajeet v. State of M.P.) as it arises out of the slime judgment and involves common questions of fact and law.

(2.) The two appellants along with their wives were put on trial for offence punishable under Section 301/34, I.P.C. for having murdered Mate Rai alias Mata Ram on 26-8-1983 at village Pendri, Police Station, Manendragarh, District Sarguja but have been convicted under Section 326/34, I.P.C. and sentenced to 5 years rigorous imprisonment each together with a fine of Rs. 1,000.00each and on failure of payment of fine to a further rigorous imprisonment for one year by judgment dated 6th April, 1984 passed by Shri V. K. Saxena, I AddI. Sessions Judge, Sarguja in Sessions Trial No. 187/83. They feel aggrieved by their aforesaid conviction and sentence and have preferred their separate appeals from jail while undergoing the sentence.

(3.) Prosecution allegation against the appellant was that deceased Mata Ram was working in his field at about 12 noon when the appellants armed with deadly weapons reached the spot and rushed to kill Mate Rai. Mate Rai ran away from the spot to save his life but was chased by the two appellants and assaulted. Appellant Bhola assaulted Mate Rai with lathi whereas Indrajeet dealt with Tangia blows. Barsia (P.W. 2), Angad (P.W. 5), Prem (P.W. 3) and Sudarshan (P. W. 4) are alleged to have witnessed the incident. As a result of the aforesaid assault Mate Rai was almost dead and was brought home by the witnesses. He was carried to Police Station, Manendragarh where report Ex. P-I was lodged at 16.05 hours on 27-8-1986. The medical examination by Dr. A. K. Mishra (P.W. 13) revealed 3 incised wounds, one bruise, one defused swelling and tenderness and pain accompanied with swelling on the person of deceased Mate Rai. X-ray examination of the deceased revealed fracture of left tibia and ulna bones. Mate Rai died after sometime. Dr. Mishra (P. W. 13) performed the post-mortem examination and found all the aforesaid injuries. According to Dr. Mishra the death was due to shock and hemorrhage resulting perforation of intestine. After investigation the two appellants along with their wives were put on trial as aforesaid.