RAMESHCHANDRA Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 1-8-98 passed by the learned special Judge, Dhar in Special Criminal Case No. 51/98 thereby convicting the appellant Ramesh Chandra for the offence punishable under Section 302 of the indian Penal Code and sentencing him to suffer imprisonment for life with fine of Rs. 1,000/-, in default of payment of fine to suffer additional RI for two months, the appellant has preferred this appeal.

(2.) THE prosecution case shorn of unnecessary details as placed before the Trial Court is that there was an old dispute between the appellant and complainant P. W. 1 Ramesh and his mother, deceased Mangubai. On 11-3-97 the complainant Ramesh and his mother Mangubai reached to the field for watching the gram-crop. At that moment, the appellant and acquitted co-accused Govind were harvesting the crop along with labourers. The complainant and Mangubai raised objection to the harvesting, on which the accused persons abused them filthily and assaulted Mangubai by lathi. Mangubai fell unconscious in the field. Complainant Ramesh went to the village of P. W. 2 his uncle Ramaji and informed about the incident. They took the deceased in a jeep to Badnawar Civil Hospital where she was medically examined by Dr. C. S. Gangrade (P. W. 5) who issued MLC Report Exh. P-9. P. W. 1 Ramesh lodged the report at the Police Station, Kanwan Exh. P-1 recorded by P. W. 11 ASI Kishansingh Chauhan. Since the matter was related to harijan Police Station, Dhar, the First Information Report was sent and P. W. 9 s. S. Tomar registered the First Information Report Exh. P-13 and investigated the matter. Mangubai was referred for further treatment to MGM Medical college, Indore where she was admitted and was treated but, succumbed to her injury on 12-3-97. Her post-mortem examination report is Exh. P-12 which was conducted by P. W. 8 Dr. Rajkumarsingh. The Investigating Officer P. W. 9 tomar prepared the spot map Exh. P-l4 and effected arrest of the accused persons and on disclosure statement as per provision under Section 27 of the evidence Act, one lathi was seized from the appellant. The memo is Exh. P-18 and the seizure is Exh. P-19. P. W. 10 Harinarayan Patwari prepared the spot map Exh. P-24. On completion of investigation, the appellant and his brother co- accused Govind were charge-sheeted for commission of offences punishable under Sections 302,302/34 of the Indian Penal Code and Section 3 (1) (iv) of the sc and ST (Prevention of Atrocities) Act, 1989.

(3.) THE accused persons refuted the charges and submitted that they were reaping the gram crop grown by them, along with the labourers. At that lime, the deceased Mangubai picked up quarrel with the labourers and during the said quarrel, she sustained injuries. Mangubai caused injury to one labourer and the said labourer assaulted Mangubai. They examined D. W. 1 Dr. S. K. Tiwari in defence regarding injury sustained by Sunita w/o Bherulal.