MOTIRAM RAMCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has challenged his conviction under Sections 302 and 325 of the Indian Penal Code and sentence of imprisonment for life with fine of rs. 500/-, in default of payment of fine to suffer additional S. I. for one month and to suffer R. I. for two years with fine of Rs. 500/-, and in default of payment of fine to suffer additional S. I. for one month respectively as passed by the learned First Additional Sessions Judge, Mandleshwar by his judgment dated 3-12-1997 in Sessions Trial No. 285/98.

(2.) BRIEFLY stated, the facts of the prosecution case as unfolded before the trial court are that on 21-7-96 at 5. 00 p. m. in the evening the complainant P. W. 1 Kalu and his father Tulsiram (the deceased) had gone to their field for spraying of pesticides and ploughing the field. At that moment, the appellant and acquitted accused persons were grazing their cattle nearby the field of tulsiram. The accused persons drove their cattle in standing cotton crop of the deceased. On asking by the deceased to take the cattle out, the accused persons started quarrelling. The appellant Motiram was having axe and other accused persons were having lahi, doliya and stone in their hands. All the accused persons surrounded tulsiram and started beating. The appellant motiram dealt an axe blow on the back portion i. e. scapula region (spine area) because of which Tulsiram fell down on the ground. P. W. 1 Kalu tried to rescue his father and he loo was assaulted by the accused persons. After assault, the accused persons fled away. P. W. 1 Kalu regained consciousness and reached to his father. He saw a big wound on the back portion of the deceased, blood was oozing and he was dead. Thereafter, P. W. 1 Kalu came to the village and disclosed about the incident. Tulsiram was taken to the Government Hospital Kasrawad for treatment. Police was intimated by the doctor. On the basis of the report lodged by kalu, Crime No. 257/96 was registered. The police, after inquest inquiry, prepared spot map and sent the dead body for post-mortem examination. P. W. 6 Dr. Ramesh Kumar yadav conducted the post-mortem examination on the body of the deceased on 22-7-1996. The post-mortem report is Ex. P/3. P. W. 8 Dr. S. K. Gupta examined P. W. 1 Kalu and issued MLC report Ex. P/8. He was also referred for x-ray examination and the x-ray report Ex. P/5 was given by Dr. Anil Kandiya (P. W. 7 ). The appellant and the acquitted co-accused persons were arrested. On disclosure statement of the appellants axe was seized and the same was sent for opinion and Ex. P/4 answer to query was given by the doctor. Clothes of the deceased, axe, blood stained and controlled earth were sent to the Forensic Science Laboratory. One axe (Article A), blood stained earth (Article-B)and clothes of deceased Tulsiram (Article D-1 to D-5) were containing blood. These articles were sent for further test to the Se-rologist, Calcutta, but its report was not received hence could not be filed by the prosecution in the Court. On completion of investigation, five accused persons were charge-sheeted for commission of offences punishable under Sections 302, 307, 147, 148 read with Section 149 of the Indian Penal Code.

(3.) THE accused persons denied the charges. Their defence was that probably there was quarrel between Tulsiram and his son P. W. 1 Kalu and Kaluram might have assaulted his father. The learned trial Court, while acquitting the four other accused persons finding the appellant guilty of the offence sentenced him as indicated herein-above.