STATE OF M P Vs. RAMANAND

JUDGEMENT

(1.) The respondents were prosecuted on The charge under sections 147, 148, 323/149 and 302/149 of The Indian Penal Code before The Second Addl. Sessions Judge, Bilaspur in Sessions Trial No. 95/86 for assaulting Chhotoo (since deceased), Samarin Bai wife of Chhotoo and witnesses Pad am (PW 2) and Deonath (PW 3) in prosecution of Their common object. When The deceased intervened on account of abuses between The accused -respondents and Their associates with one Shatrughan over gambling on The eve of Deepawali, deceased was assaulted by The respondents and when Samarin Bai and witnesses Padam and Deonath came to his rescue They were also assaulted by The accused -respondents. A report of The incident (Ex. P -9) was lodged by injured Padam (PW 2) whereupon offence under sections 307/34, 147, 148 and 323 IPC was registered. Thereafter The injured were shifted to hospital where Chhotoo was found to be dead. Therefore, The offence under section 307 IPC was altered into one under section 302 IPC. Sub -Inspector Rajesh Khare (PW 14) went to The hospital and prepared Panchnama of The dead body of The deceased (Ex. P -22) and sent The dead body for post mortem examination. He made seizure of blood stained earth and plain earth, twine of The cot vide Ex. P -24 and arrested The accused -respondents and recovered Lathis on The memorandums of accused -respondents Karra and Ramdeen vide Ex. P -11 and P -15 and a Tangi from accused -respondent Ramanand vide Ex. P -14, Baniyan and Dhoti of accused Karra, Fullpant and Baniyan of accused Ramanand, vide Ex. P -18 and 19. The seized articles were sent to The FSL, Sagar, and some of The articles were found stained with blood, as per report of The serologist (Ex. P -37).

(2.) Dr . D.D. Mishra (PW 15) examined Padam (PW 2) and found lacerated wound 5 cm x 1/2 cm in The middle of fore -head caused by hard and blunt object as per report Ex. P -33A. He also examined Deonath and found a lacerated wound 5 cm x 1/2 cm on The cheek and bruises and abrasions on his person as per injury report Ex. P -34A. Dr. Amritlal Soni (PW 1) performed autopsy on The dead body of deceased Chhotoo and found lacerated wound 6 cm x 1 cm on right jaw and a lacerated wound 7 cm x 2 cm x bone deep on occipital region mid line. Injury No. 1 was simple in nature, bur There was fracture under injury No. 2. Both The injuries were caused by hard and blunt object. In The opinion of The doctor, death was due to shock and haemorrahage on account of injury on The head, as per post mortem report Ex. P -1. With reference to The axe, which was sent to him for his opinion by The police, he opined that injury No. 2 on The person of The deceased Chhotoo could be possible by axe and injuries on The person of Pad am could be caused by lathi. The police after investigation submitted charge -sheet against The accused -respondents.

(3.) The defence was innocence and false implication.