HARINARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 31.07.2008 passed in Special Case No. 14/2008, whereby the appellants having been found guilty of the offences under Sections 302, 326/34 of IPC were convicted and sentenced to life imprisonment for causing murder of Amru and five years sentence for causing grievous injuries to Ramesh (PW-3) and Paatiram (PW-2).

(2.) The prosecution story reveals that the deceased Amru along with the complainant Babu Adiwasi (PW-1), Ramesh (PW-3) and Paatiram (PW-2) on 26.09.2007 while coming back from the village market met the appellants near the agricultural field where soyabeen was sown. That appellant Balveer was carrying lathi whereas Harnam alias Harinarayan Sahu was carrying "sariya" (iron rod). That Amru asked for the wages on behalf of his wife, who had worked in Balveer's field, whereon Balveer got infuriated and inflicted blows with lathi. That when Babu (PW-1), Paatiram (PW-2) and Ramesh (PW-3) interfered, they were also given beating with lathi and saria by both the appellants. As a result whereof, Amru succumbed to the injuries whereas Babu (PW-1), Paatiram (PW-2) and Ramesh (PW-3) who sustained injuries. While running away from the place fell on their way. The complaint lodged by Babu (PW-1) was registered as Dehati Nalishi (Ex. P/24) on the basis whereof FIR (Ex. P/25) was registered. Police party was deployed. Investigation was set in motion. Spot maps and inquest were prepared (Ex. P/12, P13, P/14). Blood stained soil of the deceased was seized vide Ex. P/15, whereas of injured Paatiram (PW-2) and Ramesh (PW-3), the blood stained soil was collected vide Ex. P/16 and P/17. The body of Amru was sent for postmortem. The postmortem was conducted by Dr. S.K. Shainde (PW-9), who gave the report Ex. P/11, wherein following injuries were noticed on the body of the deceased:-

(3.) As per doctor's opinion, the cause of death was coma due to head injury.