ASHARAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 20-1- 1988 of the learned Sessions Judge, Panna, passed in Sessions Trial No. 38 of 1987, by which the appellant has been convicted for an offence punishable u/Section 302 of the IPC and sentenced to imprisonment for life.

(2.) It has not been disputed that injuries were caused to Sukhendra s/o Shankar Kachi (PW 1) on 27-5-1987 near the pond of village Ahirgawn and that on account of the resultant fractures, he had died on the night intervening 2nd and 3rd of June, 1987 in the Medical College Hospital, Gwalior. It has also, not been disputed that Narayan Rajgauda (PW 2), Pranudayal Pathak (PW 3), Shivcharan (PW 4) and Ganesh Prasad Mishra (PW 5) are residents of village, Ahirgawn and are acquainted with one another.

(3.) The case of the prosecution, in brief, is that Sukhendra sb Shankar Kachi (PW 1) was returning from the village pond after answering the call of nature and while he was proceeding towards the village the appellant-Asharam accosted him and assaulted with a lathi (stick) thus, causing, severe injuries. The injured was brought home by the villagers and he was then taken to the Police Station Brajpur, where report Ex. P1 was lodged by Shankar (PW 1) at 8.30 a.m. and recorded in the Roznamcha. The injured was rushed to the Government Hospital, Panna and on learning about the fractures having been caused to the injured a case was registered at P.S. Brajpur on 29-5-1987 under Sections 324 and 325 of the IPC and further investigation was made. In the meanwhile, the injured was taken to the hospital at Gwalior, where he succumbed to his injuries on the night intervening 2nd and 3rd June 1987. The inquest was held by Anil Kumar Agrawal (PW 14) at J.A. Hospital, Gwalior, in the presence of witnesses of which memo (Ex. P/14 was prepared. PW 14 Anil Kumar Agrawal then forwarded the dead body for post-mortem alongwith the requisition Ex. P15.