RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE convicted appellants have filed this appeal under Section 374 of the Code of Criminal Procedure, against the judgment dated 29th May, 2003, of the learned 1st Additional Sessions Judge, Barwani, in Sessions Trial No, 366/2002, by which they have been convicted under Section 323/34 and each has been sentenced to rigorous imprisonment for six months and fine of Rs. 100/- for causing hurt to Babla (PW 2) and under Section 302 read with Section 34 and sentenced to imprisonment for life and fine of Rs.1,000/- for voluntarily causing death of Gavdiya @ Govind.

(2.) The case of the prosecution discloses that on 29/9/2002, at about 5:30 p.m., Babla (PW 2) and deceased Gavdiya had gone to the village Barwani for weekly market and on return when they alighted from the Bus, accused Gangaram Bhilala, Ramsingh Bhilala resident of Gavla Bedi and Lala @ Lalu Bhilala and Silder @ Gildar resident of Dhaba Bavdi and two others started pelting stones at the deceased and the complainant Babla. When they rushed towards the hedge to save themselves from the onslaught, while Babla (PW 2) could manage to jump over the hedge, Govind was unable to do so. Gangaram and his companions then caught hold of him and dragged him up to the house of Gopal. All of them then started pelting stones at him stating that he should not be left alive as he had committed murder of Jhetra, father of accused Gangaram. On account of the pelting of the stones and striking him from a close range, the deceased died instantaneously. It was stated that in the year 1999 a case of murder of Jhetra was launched against deceased Govind and Babu, and actuated by the said past enmity, the said offence was committed.

(3.) A report of the incident Ex.P/2 was lodged by Babla (PW 2) at P.S. Barwani, on the basis whereof a case u/S. 302 r/w. Sec. 34 of the IPC was registered. The complainant was promptly sent for medical examination and his injuries were seen by Dr. P. S. Thakur (PW 1), who gave report Ex.P/1. As per this report, the complainant Babla had received one lacerated wound on the right side of chest, size 2 1/2 cm x Vz cm x subcutaneous tissue deep and a haemotoma on the left side. of back, 2 1/2 x 2 cms. Both the injuries were simple and caused by hard and blunt object, within 24 hours. In further sequel of investigation the body of deceased Govind was sent to the District Hospital for post-mortem after the inquest was completed. The post mortem was carried out by Dr. Sharadchandra Purohit (PW 8) who gave report Ex.P/14. As per the testimony of Dr. Purohit and the report Ex.P/14, the following external injuries were found on the body :