DAYARAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by First Additional Sessions Judge, chhatarpur in S. T. No. 20/925 decided on 5. 2. 94.

(2.) APPELLANTS have been convicted under Section 302 of IPC and sentenced to imprisonment for life by the impugned judgment.

(3.) ACCORDING to prosecution, on 19. 12. 91 about three 'o'clock in the noon, deceased Ghansu (hereinafter referred to as 'deceased') had gone to Isanagar police Station to lodge a report against appellant Dayaram, who had beaten his son Chengdu. When Ghansu and his son Charts were returning back to their village Pahargaon and reached near the culvert, appellant Dayaram and Parsu armed with lathi emerged there, intercepted the deceased and said<IMG>np_1422_ilr_(MP)_2009.jpg</IMG> both the appellants then started assaulting the deceased by lathi. Both the appellants gave repeated lathi blows on his scalp and leg; as a result Ghansu fell down and got unconscious. Thinking him dead, appellants threw him in the nearby canal and fled away. Deceased, however, regained consciousness in water and shouted for help. A few villagers then came there, took him out of water and carried him to the Police Station on a cot.