RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants, by filing this appeal under Section 374 of the Code of Criminal Procedure, have challenged their conviction under Section 302 read with Section 34 of the Indian Penal Code and consequent sentence of imprisonment for life vide judgment dated 30-11-1999 passed by the learned Third Addl. Sessions Judge, khargone in Sessions Trial No. 235/1993.

(2.) ACCORDING to the prosecution case, on 2-8-1993 on the eve of Raksha Bandhan festival in village Roshiya six coconuts were offered to Lord Bajrang Bali by the villagers through village Chowkidar Shri Ram (P. W. 2)and P. W. 8 Shankar Singh. Out of six coconuts, four were eaten by Shankar Singh on which Chowkidar Shri Ram admonished him, but Shankar Singh started picking up quarrel with Shri Ram. Shankar was admonished by village Sarpanch Prahlad Singh and complainant P. W. 1 Kamal Singh. At that moment, appellant told Kamal Singh that he (Kamal Singh) was behaving like a bullie and he (the appellant) would finish him. When verbal altercation was going on, the deceased Kire Singh son of Kamal Singh also reached over there and asked Ramesh not to quarrel. Ramesh while delivering threat to see them, went to his house and along with two other appellants returned back having lathis. Appellant Ramesh inflicted a lathi blow on the head of Kire Singh because of which he fell unconscious on the spot. Appellants No. 2 Barjor Singh and Chhajju assaulted the deceased with kicks and fists. Witnesses intervened and pacified the quarrel. Kire Singh vomited three/four times. He was taken in a bullock cart to the Police station where P. W. 1 Kamal Singh lodged the report vide Ex. . P/1. Thereafter, he was sent to the hospital where he was medically examined by P. W. 14 Dr. S. S. Chouhan. His mlc report is Ex. P/27. Kire Singh was admitted in the hospital, his Bed Head ticket is Ex. P/23, proved by P. W. 12 Dr. T. H. Malik. Kire Singh died on next day on 3-8-1993 in the night at 9. 50 p. m. in the hospital. On the basis of information of death, p. W. 6 Head Constable Hari Mangal Singh recorded Merg intimation report Ex. P/15 and also prepared the inquest report Ex. P/2. Dead body of Kire Singh was sent for postmortem examination which was performed by Dr. Chourey. (This doctor could not be examined in Court as he had died by that time ). P. W. 13-A Investigating Officer Sub inspector M. S. Chouhan prepared the spot map Ex. P/21 and arrested the appellants. (It appears that due to mistake in the trial court witness No. 13 is given to two witnesses viz. P. W. 13 Dr. Rajendra Kumar joshi and Sub Inspector M. S. Chouhan. Therefore, for the sake of convenience we have given witness No. 13-A to M. S. Chouhan ). After due investigation, charge-sheet was filed against the appellants of commission of the offence punishable under section 302 read with Section 34 of the Indian Penal Code.

(3.) THE appellants denied the charges and claimed trial. They did not examine any witness in defence whereas the prosecution has examined as many as 17 witnesses and adduced in all 30 documents to prove its case. Learned trial Court finding the prosecution case proved, convicted and sentenced the appellants as noted hereinabove.