MANTRAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against their convtction for offence under Section 302 read with Section 34 of the Indian Penal Code and sentence of imprisonment for life as also under Section 323 and 323/34. I.P.C. and sentend of RI, for six months under each count to each of the appellants by the judgment dated 7-9-1994 of the learned Third Additional Sessions Judge. Raipur, passed in Sessions Trial No. 302/93.

(2.) The appellants were indicted for the said offences for intentionally causing death of Kejuram son of Nanku Rawat on 7-3-1993 at about 9.00 A.M. in village Alesur and for voluntarily causing hurt to Kashiram. Radhe shyam. Mathurabai, Kalabai and Saraswatibai in furtherance of their common intention.

(3.) Prosecution story, in brief, was that there was dispute between the two parties concerning property. On the date of the incident, the appellants armed with lathis came to the place where Kejuram had gone to ease himself and assaulted him. When the members of the family of Kejuram intervened to save Kejuram, the accused persons also belaboured them. The report of the incident was lodged at Police Station Kharora. District Raipur, and offence was registered. Inquest was held and the body was forwarded for postmortem examination as also the other victims were sent for examination of the injuries on their person and treatment. Blood stained and plain earth samples, were seized and weapons were seized on the basis of information furnished by the accused. Clothes of accused Mantram and Mantri suspected to be having blood stains were also seized and the seized articles were sent for examination to the Forensic Science Laboratory. Sagar. Report of Laboratory confirms presence of blood on the Lathi. Baniyan and Trousers seized from the accused Mantram and Shirt and Lungi seized from the accused Mantri. After completion of investigation, chargesheet was filed against the appellants.