REKHCHAND Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have preferred this appeal against the judgment of conviction and order of sentence passed against them by Additional Sessions Judge, Waraseoni, District Balaghat in S.T. No. 169/92 decided on 9.8.97.

(2.) Appellant no.1 Rekhchand has been convicted under section 323 of IPC and sentenced to rigorous imprisonment for three months, while appellant no.2 Delchand has been convicted under section 302 and 323 of IPC and sentenced to imprisonment for life and rigorous imprisonment for three months for the respective offences by the impugned judgment.

(3.) According to prosecution, on 6.11.91 at about 10 'O'clock in the morning at village Panjra, when deceased Govindram (hereinafter to be referred as 'deceased') was sitting outside his house, co-accused Jagan Pawar (since deceased) came to him and shouted that he had practiced ill-magic on his family and called the other co-accused persons. On his call, acquitted co-accused Pandurang Pawar and Yashvant Pawar and appellants Rekhchand and Delchand came there and all five of them pulled the deceased and threw him on the ground. Appellant Delchand then got hold of the hammer from the hands of co-accused Pandurang Pawar and wielded three strokes of hammer on the head of the deceased and seriously injured him. On his shouting for help, his son Tamlal, Chainlal and wife Surman Bai rushed there and tried to save him, but appellant Delchand gave a hammer blow to Tamlal on his scapular region and appellant Rekhchand also assaulted him with lathi, while co-accused Jagan Pawar (since deceased) assaulted his mother. Upon hue and cry, many persons from the vicinity reached there; then the appellants and other co-accused persons fled away. As a result of head injury, deceased Govindram died on the spot. The report of the incident was lodged by his son Tamlal at P.S. Katangi.