MARKANDE Vs. STATE OF M P

JUDGEMENT

(1.) The appellant, who was put on trial along with his son Lingraj, for an offence under section 302/34, I.P.C, has been found guilty of offence punishable under section 304 (Part II), I.P.C and sentenced to five years R.I, by judgment dated 4-5-1982, passed by Shri M.M. Dubey, Sessions Judge, Raigarh, in Sessions Trial No. 66 of 1981. He feels aggrieved by his aforesaid conviction and sentence and has, therefore, preferred this appeal under section 374 (2), Cr. P.C., challenging the legality and validity thereof.

(2.) The appellant and his son were put on trial for having killed Ghasiram on 9.7.1980 at 800 a.m. in pursuance of their common intention by causing fatal injuries on him by an axe. The incident has admittedly occurred at an agricultural field known as Muhani Khet. It appears that Benudhar claimed possession of the said field and had employed the deceased Ghasiram and several other labourers to plough the said field. While these persons were carrying on their work, the accused persons asked them to stop plaguing Jogiram (P.W. 1) refused to oblige them by saying that he was employed by Benudhar (P W. 4) and would obey him only. On this, the accused Lingraj is said to have strangulated Jogiram and fell him on the ground. The deceased Ghasiram, father of Jogiram, who was also ploughing the field, came running on the spot to rescue his son Jogiram. Appellant Markande is alleged to have given Tangi blows to the deceased, causing him serious injuries. Dhaneshwar snatched the axe from appellant Markande while he was running away Jogiram (P. W. 1) lodged the F.I.R. at police station Lailunga on the same date at 2.30 p.m. Ghasiram was sent for medical help and examination at Primary Health Centre, Lailunga, where he ultimately died on 25.7.1980 at 11-30 am in medical examination, the doctor found five injuries on the person of deceased consisting of one abrasion, one bruise, two incised wounds and fracture of 7th, 8th and 9th ribs After investigation, the appellant and his son Lingram were put on trial as aforesaid.

(3.) During the trial, the appellant denied having inflicted any injury on the deceased. Specific defence of appellant Markande was that he was the owner of the land in dispute and was in possession thereof. Benudhar and his labourers, according to him, obstructed his possession and assaulted him. The defence taken by accused Lingraj was that BenudharTs brother Dhaneshwar had attempted to inflict injuries on Markande by an axe, but, unfortunately, the axe hit the deceased Ghasiram who died. The learned Sessions Judge, relying on evidence of Jogiram (P W. 1), Dhaneshwar (P. W. 2) and Sadhuram (P.W. 3) held that the appellant Markande caused injuries on the deceased by an axe. Relying on evidence of Dr. Shamsuddoha (P.W. 6), the learned Judge held that Ghasiram died of injuries caused by appellant Markande. The learned Judge however, found no intention on the part of anyone to kill the deceased. He also found that the incident had happened on the spur of moment and without any premeditation. That is how the appellant has been convicted and sentenced. His son Lingraj has been acquitted.