BALRAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) These appeals have been filed by appellants Balram Singh son of Toofan Singh and Indrapal Singh son of Balram Singh respectively who have been convicted by the Court of 1 st Additional Sessions Judge, Ashoknagar, Distt. Guna (as Ashoknagar was not carved out as a separate district at that point of time) in S.T.No.328/1998 (original) and attached S.T.No.83/99, whereby appellant Balram has been convicted under Section 323 of IPC with one year rigorous imprisonment and fine of Rs.1,000/- and in default of payment of fine he has been directed to undergo further two months rigorous imprisonment and appellant Indrapal Singh has been convicted under Section 302 of IPC with life imprisonment and fine of Rs.1,000/- and in case of default of payment of fine, further rigorous imprisonment of two months.

(2.) Learned counsel for the appellants submits that both the appellants are innocent and no case under Section 302 of IPC is made out. It is submitted that as per prosecution story incident had taken place on 24.2.1998 at about 8 am when at village Ratikheda Balram was collecting Gitti in front of house of Sultan Singh (PW-1), then Vijaybhan (PW-6) asked not to take such Gitti when Balram hit him with handle of spade. At that point of time, even Sultan Singh requested Balram not to collect Gitti. It is alleged that at that juncture Balram left the place of incident and later on Balram alongwith Indrapal and Balakram armed with Farsa, Lakhan with Ballam, Mohan with axe, Bharat with Barchhi and accused Tofan and Ramkumar armed with Lathi came and at that point of time Balram hit complainant Sultan Singh with Farsa on his head and appellant Indrapal Singh hit deceased Brikbhan with Farsa on his head. It is submitted that Sultan and Brikbhan fell down because of such blow and then all the accused persons beat them with kicks and fists. Such incident was witnessed by Chandrabhan Singh, Krishnabhan Singh (PW-5), Ramkumari Bai (PW-8) and Pankunwar Bai (PW-9).

(3.) It is submitted by the learned counsel for the appellants that Brikbhan died on 3.12.1998 i.e. after about 10 months of the incident, and therefore, it cannot be said that death was caused directly due to the assault made by appellant Indrapalsingh, therefore, no case under Section 302 of IPC is made out.