GIRDHARI LAL Vs. STATE OF M P

JUDGEMENT

(1.) CRIMINAL Appeal No. 1945/2004 and Criminal Appeal No. 2268/2004 arise out of the same judgment, therefore, they are being disposed of by the common judgment.

(2.) THESE criminal appeals under Section 374 (2) Cr. P. C. have been preferred being aggrieved by the judgment, finding and sentence passed by IV Additional Sessions Judge, Jabalpur in s. T. No. 429/2003 decided on 09. 11. 2004, whereby the appellants have been convicted under Section 304 Part-2 of I. P. C. and sentenced to R. I. for 10 years with fine of Rs. 2,000/-each in default of payment of fine R. I. for 3 months.

(3.) THE prosecution case in short is that on 24. 04. 2003 Savitri Bai was sleeping outside of her house situated at village Padwar Kala. Her son issilal Patel and daughter-in-law Uma Bai were sleeping on roof. At about 4 a. m. Girdhari Lal, Narayan Kachhi and Krishna Kumar came there armed with baka, knife and lathi respectively and assaulted her. On her cries her son and daughter-in-law came there. The accused persons ran away. She sustained the injuries at her cheek, abdomen and hand. She lodged the report at Police Station Gohalpur on the same date at 7:30 a. m. Crime No. 295/03 under Section 323, 324, 294 and 506-B, 34 of I. P. C. was registered against the accused persons. She was sent for medical examination. Her medical examination was done. She sent to Victoria Hospital, Jabalpur from where referred to Medical College, Jabalpur and on the next day she died. Inquest report was prepared. Her body was sent for postmortem examination, which was conducted by Dr. Suresh Kumar nigam (PW-11 ). He opined that cause of death was shock due to haemorrhage from liver. The offence under Section 302 I. P. C. was added. Map was prepared. Blood stained clothes of the deceased were seized. The disclosure statements of the accused persons were recorded and the weapons of offence were recovered. They were arrested. The statements were recorded. The seized articles were referred to F. S. L. , Sagar. After completing the investigation charge sheet was filed in the Court of J. M. F. C. , Jabalpur wherein Criminal case No. 529/2003 was registered who committed it to Sessions Court on 07. 07. 2003 for trial.