JANURAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellants were tried on the charge of the offences punishable under Sections 302/34 of the Indian Penal Code and 323/34 of the Indian Penal Code by the Sessions Judge. Bilaspur in Sessions Trial No. 50/90 for committing murder of Gandram in furtherance of their common intention and causing injuries to Galarabai and Chhedilal and they have been convicted and each of them have been sentenced to imprisonment for life and six months R.I. respectively.

(2.) Briefly stated the prosecution case is that on 22-8-1989 in the morning Gandram (since deceased) along with his wife Galarabai (P.W. 4), brother Chhedilal (P.W. 6) and other family members had gone to his field Behrakhera for weeding out the grass and had placed the weeded grass on the ridge in between their field and the field of the appellants, which had damaged Ramtilla crop sown by the appellants. In the afternoon at about 5.00 p.m. when the appellants went to their field and saw weeded grass kept on their Ramtilla crop they threw the weeded grass in the field of Gandram. That led to altercation between Gandram and the appellants. In the meanwhile the appellants Januram and Lalaram assaulted Gandram by means of lathi and appellant Mannuram assaulted him by means of kudri. When Galarabai and Chhedilal intervened, they were also assaulted by the appellants. Champabai. Remunbai (P.W. 5) and Kalabai (P.W. 7) who were in the field along with Gandram came running to their home and informed Topsingh (P.W. 1) son of Gandram about the incident. On this information Topsingh (P.W. 1) rushed to his field along with a cot and while he was carrying his father Gandram to the Police Station on the cot with his uncle, brother and Kotwar Bisahudas. Gandram died on the way. Thereafter they went to the Police Station where Topsingh (P. W. 1) lodged F.I.R. (Ex. P-1), which was recorded by Gandram Dhurbe (P.W. 14) and he registered a case under Sections 302 and 201 read with Section 34 of the Indian Penal Code against the appellants and investigation proceeded. On 23-8-1989 Gangaram Dhurbe prepared inquest report of the dead body of the deceased (Ex. P-2) and sent the dead body through Constable Bhagwat Prasad for postmortem examination. P.W. 15 Dr. N.S. Chandel held autopsy on the dead body of the deceased and P. W. 11 Dr. A.K. Sanyal examined Galarabai and Chhedilal. Dr. Chandel found the following injuries on the person of the deceased:

(3.) Galarabai and Chhedilal were referred to Dr. A.K. Sanyal (P.W. 11) for their examination who found the following injuries on the person of Galarabai: