GANESH PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appeals have been preferred by the appellants being aggrieved by their conviction under section 302/34 of IPC and sentence of life imprisonment imposed by Sessions Judge, Sagar as per judgment and order dated 30th November, 1998 passed in ST No. 185/ 98.

(2.) THE prosecution case, in brief, is that on 14.3.1998 accused Sunder Ahirwar and Ganesh Ahirwar came to the hotel of Pooran Singh and asked for the glasses in order to consume liquor. At that time Arun (PW 5), Sitaram Yadav (PW 10) and Rajkumar (PW 9) were also at the hotel. Pooran Singh declined to give them the glasses, on that Ganesh Ahirwar inflicted lathi injury on Pooran Singh which fell near right eye and Sunder Ahirwar inflicted injury with iron rod on the left side of head of Pooran Singh. Arun (PW 5) went to lodge report of the incident. The report (Ex. D-1) was lodged at PS. Motinagar situated at 2 kms. away. Dr. R.D. Nanoriya (PW 1) examined Pooran Singh and prepared MLC. He found two injuries. Autopsy was performed by Dr. Arun Saraf (PW 2). He found 3 injuries on the person of the deceased. One injury was found near right eye, one near back side of head and third on the shoulder in the form of abrasion. It was the day of Holi festival. Police conducted the investigation. Pooran Singh died on the same day. On the basis of information at the behest of accused Sunder an iron rod was seized and at the instance of accused Ganesh a lathi was seized. The clothes etc. were also seized.

(3.) MS . Durgesh Gupta, learned counsel for the appellants, has submitted that incident has taken place on the spur of moment. The accused are Harizans. On that ground glasses were not given to them, they were asked to go away from the hotel and they were insulted. On that single blow was caused on the head of deceased by Sunder Ahirwar. The injury caused by Ganesh Ahirwar was also quite simple near the eye. Other injury found on the shoulder was also abrasion. The intention of appellants was not to cause the death. They were provoked by deceased Pooran Singh as they were insulted. Even the glasses were not handed over to them. There was no intention shared by accused persons. Accused Sunder Ahirwar by now has remained in jail for about 9 years. He has not been released on bail after the date of conviction on 30.11.1998. Other accused Ganesh Ahirwar remained in jail for about 8 1/2 months during the course of trial and thereafter he was released on bail as per order dated 29.6.2001, thus, for the injuries caused by them the sentence undergone be held to be sufficient.