SUJDAR @ ROZDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed assailing the impugned judgment dated 8.12.1995 passed by the First Additional Sessions Judge, Raisen in Session Trial No.138/93 whereby the appellants have been convicted under Section 304 Part-II read with Section 34 of the IPC and sentenced each of them to undergo RI for 5 years with fine of Rs.2500/- each, with default stipulation as mentioned in the judgment.

(2.) The prosecution case, in short, is that on 27.3.1993 at about 10.30 pm at Police Station Sultanpur, District Raisen, complainant Yusuf lodged a FIR to the effect that at 10 am his brother deceased Deen Mo- hammad went to call for some agricultural labourers. The accused per- sons made quarrel with the deceased saying that he is the person who created dispute in the village and all the accused persons scuffled with him. At that time, another brother Ilias reached the spot and separated them. Thereafter at about 5 pm the deceased Deen Mohammad with his son Fakhruddin went to his field called "Nanhe Wale", the appellants along with one Kalla who was juvenile at the time of incident, armed with luhangi lathi and simple lathis reached the spot and assaulted Deen Mohammad with luhangi lathi and simple lathis and caused injury on his head, leg and on his hand. On account of the injuries, Deen Mo- hammad fell down and the appellants left deeming him dead. Fakhrud- din rushed towards complainant Yusuf and informed about the incident then he and another brother Ilias reached the spot, took Deen Moham- mad at police Station. Deen Mohammad was unconscious and the inci- dent was witnessed by Hargovind and Gulab. This information was regis- tered at crime no. 44/93 under section 307 / 34 of the IPC and injured was sent for medical examination. Initially he was examined by Dr. Vijay Sax- ena (PW-5) at Primary Health Centre, Sultanpur and he was referred to further treatment to Hamidiya Hospital, Bhopal and before reaching the Hamidiya Hospital, he died and on 28.3.1994 autopsy was conducted by Dr. Ashok Sharma (PW-9) and he opined that nature of the death was homicidal. After completing other formalities of the investigation, charge sheet under Section 302 / 34 of the IPC was filed before the JMFC, Bareli, District Raisen and the case was committed and tried by First Additional Sessions Judge, Raisen who framed charge under Sec- tion 302 of the IPC and in alternative under Section 302 / 34 of the IPC. The appellants / accused abjured their guilt and pleaded complete inno- cence and also claimed to be tried. Their defence was that on account of the dispute with regard to purchasing of the land, they have been falsely implicated and in defence, four witnesses have been examined.

(3.) Learned trial Court after considering the evidence adduced by the parties and on the basis of the material available on record con- victed and sentenced the appellants as mentioned above.