PHOOLCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this appeal, the 3 appellants have challenged their conviction under section 302 of the IPC read with Section 34 of the Indian Penal Code for which each one of them has been sentenced to undergo life imprisonment by the Sessions Judge, Seoni in Sessions Trial No. 57 of 1982.

(2.) The deceased Bhagchand was the real brother of appellant No.3, Moolchand. Appellant No.1 and appellant No 2, Phoolchand and Dillichand are the sons of appellant No.3. The house of the appellants and that of the deceased Bhagchand are adjacently situated in village Birholi, police- station An, district Seoni. According to the prosecution, on 30th July, 1982 a hen belonging to the deceased Bhagchand had gone into the Bad; of the appellants and the appellant Moolchand had caught hold of the said hen. Surajlal (P.W. 2) one of the sons of the deceased Bbagchand wilt there and asked for the return of the hen but the appellant No.3 Moolchand refused to deliver the hen and threatened to beat him. Surajlal (P.W 2) came back to his house. Thereafter, appellant No.3 Moolchand called his two sons appellants No.1 and 2 and went to the house of the deceased. It is said that appellants Nos.1 and 2 were armed with lathis while appellant No.3 was armed with a Dhawra stick. Appellant Phoolchand enquired from Surajlal (P.W. 2) as to why he was calling his father as a thief and then all the 3 appellants assaulted Surajlal as well as to his brother Bharat (P.W. 4). The appellant No.3 Moolchand caught bold of Bhagchand and then all the 3 appellants assaulted the deceased-appellant with lathis and dhawra sticks as a result of which he fell unconscious. Bhagchand was then shifted to Seoni hospital where be died on 9-8-1982. A report (Et. P-3) of the incident was made by Surajlal (P.W. 2) on the same day at 11.00 P.M. in the police station An at a distance of about 11 Km. from the place of the incident.

(3.) Dr. C.K. Mishra (P.W. 5) had medically examined Bhagchand on 31st July, 1982 and as per his report Ex. P-4 he found one contusion on the left side of frontal region of scalp with abrasion on the left parietal region and a contusion with abrasion of middle of parietal region. There was a lacerated wound on the dorso medial surface of lower one third of left forearm and abrasion on the posterior surface of left elbow. After the death of Bhagchand on 9-8-1982 Dr. Pashine (P.W. 6) performed autopsy over the dead body of deceased Bhagchand and as per his post mortem report (Ex. P-9) found fracture of left temporo parietal bones. There was extra dural haemotoma. The brain and both the lungs were congested. In the opinion of the Doctor, the death was due to coma on account of compression of brain as a result or extra dural haemotoma due to rupture of middle artery. The fracture and rupture was due to heavy blow by the blunt object. In the opinion of the Doctor, the injury was sufficient in the ordinary course of nature to cause death.