RAMDAYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by Additional Sessions judge, Multai, District Betul in S. T. No. 151/95, decided on 23. 07. 97.

(2.) APPELLANTS have been convicted under Section 326/34 of IPC and sentenced to imprisonment for three and half years by the impugned judgment.

(3.) ACCORDING to prosecution, on 15. 06. 95 about 8. 30 P. M. at village Deo-Bhilai, deceased Dhannu (hereinafter referred as 'deceased') had gone to search his younger brother Gampu @ ganesh @ Pappu in the village. On hearing the noise of quarrel coming from the side of house of appellant Gendlal, Bato Bai, the mother of deceased reached there and found that appellants gendlal, Ramdayal and Pappu @ Shravan were assaulting her son dhannu in front of the house of Bhaiya Patel by rod, sword and lathi on his scalp and other parts of the body. When Bato Bai tried to intervene, she also received a lathi blow wielded by appellant gendlal on her left hand. Appellants then dragged the deceased and tied him with a rope in their house. The FIR of the incident was lodged by Bato Bai, on the basis of which an offence was registered against the appellants at Police Station Multai and was investigated. Bato Bai and injured Dhannu were sent for medical examination to Multai Hospital, where dying declaration of Dhannu was recorded. However, Dhannu succumbed to his injuries on his way to District Hospital, Betul. The intimation of his death was given by Constable Ranjit Yadav, whereupon merg intimation was recorded and merg inquest report was prepared. The dead body of deceased Dhannu was sent for postmortem examination. Blood stained and plain earth were seized from the spot. The spot map was drawn. The rope and weapons used in the commission of offence were also seized at the instance of the appellants. The seized articles were sent for forensic examination. After due investigation, appellants were prosecuted under Section 302, 342, 323/34 of IPC and were put to trial.