HARISHANKAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appeal has been preferred by the appellants aggrieved by judgment dated 5. 1. 93 delivered by Ist Addl. Sessions Judge, Satna in st No. 23/92 thereby convicting them for commission of offence under Section 302/34 IPC and sentencing them to undergo rigorous life imprisonment and fine of Rs. 1000/- each, in default of payment of fine to further undergo r. I. for two years. They have been acquitted for commission of offence under Section 323/34 IPC.

(2.) PROSECUTION case, in brief, is that there was dispute as to the land between the deceased and accused persons. On 9. 2. 91 at about 8. 30 AM deceased Ramashankar alias Munni had gone to bus stand to deliver the milk in a vehicle owned by govt. Co-operative Milk Corporation. The deceased was sitting on a platform beside Betel shop, accused persons were standing there with lathis. Accused Harishankar asked accused kaushal to finish Ramashankar alias Munni whereupon the deceased was assaulted by both the accused persons with the help of lathis. Ramashankar alias Munni fell on the platform. Each of the accused persons had given 7-8 blows of the lathi on the head and back of the deceased. Jitendra Kumar (PW. 11), son of deceased, raised hue and cry while running away. Accused persons escaped towards the Basti. There was enmity of the family members as to commission of murder of son of accused harishankar by the family of the deceased. Shakuntala (PW. 12) and other milk vendors have witnessed the incident. First Information report was lodged at 10. 20 AM at the distance of about 15 kms. at the concerned police station. Report was lodged by Jitendra Kumar (PW. 11), son of deceased. Marg intimation report was registered on the basis of which FIR was registered, inquest of the dead body was prepared. Other investigation was also done. Autopsy was performed by Dr. A. K. Agarwal (PW. 13 ). He has found two injuries on the person of deceased, one was incised wound 4cm. x 2cm. over left parietal region, out of which brain material was coming out, there was blood clotting also, second injury was in the form of lacerated wound 10cm. x 4cm. bone deep, bone pieces were coming out along with brain material, blood clotting was also found around the wound, multiple fractures were found on skull. The accused were arrested. As per information submitted by them, seizure of weapon of offence and clothes,etc. was made.

(3.) RAJESH Kumar (PW. 7) was also examined by dr. Sunil, simple injuries were found on his person on outer portion of left elbow.