DULICHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) TWELVE persons were charge-sheeted and prosecuted under section 147, 148, 341, 294, 323/149, 324/149, 302/149 of IPC. Out of them, 10 persons have been acquitted of the charge leveled against them but Dulichand and Sukhdev have been convicted and sentenced under sections 307, 323 and 307/34 and 323/34 of IPC respectively.

(2.) THIS criminal appeal has been preferred under Section 374 (2) of cr. P. C. being aggrieved by the judgment, finding and sentence dated 27-07-1993 passed by IInd Additional Sessions Judge, East Nimar, khandwa, in Sessions Trial No. 91/92 whereby appellants dulichand and Sukhdev have been convicted under sections 307, 307/34, 323 and 323/34 of IPC and sentenced to R. I. for 10 years with a fine of Rs. 100. 00 in default R. I. for 1 month and R. I. for 6 months and fine of Rs. 100. 00 in default R. I. for 1 month respectively. The jail sentences were directed to run concurrently.

(3.) THE prosecution case, in brief, is that on 7. 11. 1991 at 10. 00 a. m. , Dashrath and Manish were going to bring auto riksha. Ramsumer, Sukhdev, Dulichand and Badri prevented them, used filthy language and started beating. Ramsumer was armed with Farsa, dulichand with Ballam, Sukhdev and Badri with rods. Sukhdev inflicted rod blows to Dashrath on his head and right hand. Ramsumer and Badri caused Marpeet to Manish and he sustained injury on his head. Ramnath reached there to intervene the matter was assaulted by Sukhdev and Dulichand. Several persons of locality have witnessed the incident. This report was made by Bhagwandas at kotwali Khandwa on the same day at 10. 45 a. m. whereupon Crime no. 654/91 under section 341, 324, 294/34 IPC was registered. Sanjay alias Sanju alias Dashrath, Manish and Ramnath were medically examined and injuries were found on their person as mentioned in medical report Ex. P-6-A, P-7-A and P-8-A. Sanju died in the hospital. Panchnama of his dead body was prepared. Post mortem examination was conducted by Dr. Narendra Kumar Jain ( PW-16)who opined that the cause of death was due to shock and head injury-to brain within 24 hours of examination. Clothes of deceased were seized. Blood stained and controlled soil was seized from the spot. Blood stained shirt of Dulichand was seized. Maps were prepared. Seized articles were sent for chemical examination to FSL sagar and report received. Statements of witnesses were recorded under section 161 Cr. P. C. After completing investigation, charge sheet was filed in the Court of CJM East Nimar Khandwa wherein crime Case No. 407/91 was registered which was committed on 23. 4. 1992 to the Sessions Court for trial.