CHHAGANLAL AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under section 374 Cr.P.C., 1973 is directed against the judgment of conviction and sentence dated 19/06/1998 passed in sessions trial No.131/1995 by the Additional Sessions Judge, Ujjain. The appellants were tried and have been convicted. The appellant No.1, Chhaganlal has been convicted under section 304 Part II IPC and sentenced to rigorous imprisonment for five years. The appellant No.2, Suresh has been convicted under section 323 IPC and sentenced to pay fine of Rs. 1,000/-.

(2.) As per prosecution story, on 09/11/1994 at about 10.00 am while Ambaram (since deceased) was going towards his field from his house, the appellants No.1 and 2 carrying lathi and pharsi respectively met him on the way, on the boundary of the village. Appellant No.1, Chhaganlal caused a lathi blow which hit on the head of the deceased and the appellant No.2, Suresh gave a blow from the blunt side of pharsi on the right shoulder of the deceased as a result he fell down on the ground. Thereafter, appellant No.1 also hit him with stone boulder on his chest. On hearing the shriek of Ambaram, his sons; Kalusingh (P.W.1) and Rajendra (P.W.3) and Geetabai (P.W.2), Savansingh (P.W.5), Bhanwarlal and other villagers reached the spot. The appellants tried to run away, however, they were apprehended on the spot by villagers. The deceased himself alongwith his two sons reached the Police Station and lodged the FIR at about 12.30 pm on the same date. He was provided the immediate medical aid by the doctor at Primary Health Centre, Bhatpachalan who referred to Government Hospital, Barnagar town, however, his condition was further deteriorating, therefore, he was referred to M.Y. Hospital, Indore where despite, treatment could not survive and breathed last on 16/11/1994.

(3.) During the investigation, the statements of the witnesses present on the spot were recorded under section 161 Cr.P.C., 1973 and thereafter, during trial. The post mortem was conducted by Dr. Ravindra Choudhary (PW 8) and the post mortem report is exhibit P/10. He proved the post mortem report. As per post mortem report, the following three ante mortem injuries were found to have been inflicted upon the deceased, one of them was on the head: