BIHARI Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been preferred by the accused appellants aggrieved by judgment and order dt.4.2.1999 passed by First Addl. Sessions Judge, Waraseoni, district Balaghat in S.T. No.228/97. The appellants stand convicted for commission of offence u/s 302 of the I.P.C. They have been sentenced to life imprisonment and fine of Rs.50/-each, in default of payment of fine to undergo one month's R.I. Accused; Bihari has also been convicted u/s 323 I.P.C., he has been sentenced to fine of Rs.100/-, in default of payment of fine to under go one month's imprisonment.

(2.) The prosecution case, in short, is that on 2.9.1997 there was local festivals of Narbod, Rekhlal (PW-2) was washing his mouth on the Boring at about 8 a.m., accused Bihari came to hand-pump, he was under the influence of intoxication and asked Rekhlal (PW-2) to permit him to wash his mouth first. On that altercation took place between them and accused Bihari inflicted injury on the head of Rekhlal (PW-2) with the bottle of liquor. Dhanlal (deceased) intervened between them, thereafter both of them went to their houses. Then in the morning itself accused Bihari came to the house of Dhanlal along with other accused persons and challenged him to come out, he had also threatened to take revenge. Due to fear the door and windows were closed by the family members of Dhanlal. Thereafter in the evening when deceased Dhanlal went to the shop of Natthu Singh (PW-) to purchase Bidi and match box and was standing in front of his shop, accused Bihari along with other co-accused namely; Deegan, Chowa and Nouhar reached there and inflicted injuries on Dhanlal, remaining accused persons also inflicted injuries with lathi. The incident was witnessed by Chandanlal, Deelan and Natthu Singh. When Chandanlal intervened he was also threatened. On being asked by Chandanlal (PW-3) Rajaram informed to family members of the deceased, on that Durga Bai, Champa Bai, Rajkumar (PW-1) and Rekhlal (PW-2) came to the spot and took Dhanlal to the house. Dhanlal succumbed to the injuries immediately on reaching the house.

(3.) Prosecution further alleged that river was overflowing, the distance of Police Station being 10-12 k.m. from the village. Rajkumar (PW-1) reached the police station in the morning on 3.9.1995 and lodged oral report at Police Station Rampayli. Marg intimation (P/5) was recorded at No.53/97. First Information Report (P/4) was registered. Inquest (P/7) was done by D.Ravishanker, SDOP. Injuries of Rekhlal (PW-2) were examined by Dr. Ravindra Tathoud (PW-7). He also performed post-mortem of the body of Dhanlal and found as many as 7 injuries on his person. Cause of death was cumulative effect of injuries caused to the deceased.