PRABHUTWA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 7th february 2003, passed by VI Additional Sessions Judge, Sagar, in Sessions trial No. 428/01, convicting the appellants under Sections 302/34, 341, 323/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 2000/-, rigorous imprisonment for one year and rigorous imprisonment for six months, on each count, respectively.

(2.) IN short, the facts of the case are that Vilasius David (deceased) was resident of village Shyampura. He was a peon in the convent school. There had been animosity between him and accused Prabhutwa Isai because of the dispute over a house. At about 7. 00 a. m. on 13. 8. 2001, when Vilasius was going to school, accused persons viz. Prabhutwa, Gerad @ Hero and John @ zero met him on the way and stopped him. They hurled filthy abuses to him and on his objecting to it, all the three assaulted him with sticks. They caused injuries on his head, legs, hands, back and waist. On his raising hue and cry, his father Victor David reached there and tried to rescue him, whereupon, they assaulted to him also. Vilasius @ Ashok, Anjela Ekka, christina Tiger, Rose Merry and Prakash also reached there and witnessed the incident. On their intervention, accused persons after intimidating him went away. The report of the incident (Ex. P/18) was lodged by Vilasius david himself at 8. 30 a. m. at Police Station Cantt. On the report, police registered a case against the accused persons under Sections 341, 294, 323, 506-B/34 of the Indian Penal Code.

(3.) INJURED Vilasius and his father Victor David were sent for medical examination and treatment to district Hospital, Sagar. Vilasius, however, died at about 12. 00 O'clock on the same day due to injuries. Doctor sent the information of his death to police, then a Murg Report No. 57/2001 was registered. Postmortem examination of the body was done by Dr. R. K. Khare, Medical Officer of District Hospital, Sagar. Dr. R. K. Khare vide his postmortem examination report (Ex. P/16) found following injuries on his body:-