GENDLAL DEV SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE both the appeals arise out of the common judgment of conviction dated 29. 06. 2001 passed by the First Additional Sessions Judge, balaghat in Sessions Trial No. 164/2000 convicting the appellants under section 302/34 and 323/34 of the Indian Penal Code and sentencing them to life imprisonment with fine of Rs. 5000/- and rigorous imprisonment for six months to each of them, same are being disposed of by this common judgment.

(2.) PROSECUTION case in short is that at about 8. 00 a. m. on 25. 3. 1991, when Johar Singh (deceased) was sitting in the courtyard of his house, appellants/accused reached there. Accused Dev Singh, the father of accused gendlal, asked Johar Singh as to why he had held his son. Johar Singh told him that he should repay Rs. 2000/-, which he had taken from him for purchasing bullocks. On this, an altercation ensued, in the course of which, both the accused persons assaulted Johar Singh by "lathi" and "peedha". Dev Singh dealt with a Peedha blow on his head and Gendlal felled Johar singh on the ground and tried to press his neck by mounting over his chest. Saniaro Bai (PW-1) and Ramota Bai (PW-2) tried to intervene, but they were also assaulted by them. Saniaro Bai went to Police Station, Paraswada and lodged a report, which was recorded in Rojnamcha Sanha 638 (Ex. P/17-C ). Johar Singh, Saniarobai and Ramota Bai were sent to Community Health centre, Paraswada for examination of their injuries and treatment. During the treatment at District Hospital Balaghat, on 26. 3. 1991, Johar Singh expired, then the first information report (Ex. P/18), recorded under Section 307/34 of the Indian Penal Code, was converted into Section 302/34 of the indian Penal Code.

(3.) PW-6 Dr. Ram Rajak examined the injuries of Johar Singh and vide his injury report Ex. P/6 found one bruise 4"x2" with swelling on the left side of his head, swelling 2"x2" on the right side of the occipital region of skull and an abrasion 1"x1/2" on the back side of right hand elbow. He also examined the injuries of Saniaro Bai and Ramota Bai and found one lacerated wound 3"x1/4"x1/4" on the left parietal region of the skull of Saniaro Bai and one lacerated wound 2"x1/4"x1/4" on the right side of the occipital region of the skull of Smt. Ramota Bai. Their injury reports are Ex. P/7 and P/8, respectively.