SANTOSH AND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The above two appeals are directed against the judgment dated 2-1-1989 of the learned Additional Sessions Judge, East Nimar, Khandwa, in Sessions trial No. 45 of 1988, by which the appellant Santosh in - Criminal Appeal No. 25 of 1989 has been convicted for an offence under Section 304, Part II of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for five years and to pay a fine of Rs. 1000/- and in default of payment of fine, to suffer further R.I. for six months, while the appellants in Criminal Appeal No. 38 of 1989 have been convicted under Section 304, Part II read with Section 149, I.P.C. and sentenced to R.I. for two years and fine of Rs. 500/- and in default of payment of fine, to suffer further, R.I. for three months, and also under Sections 323/149 and 148, I.P.C. and sentenced to suffer R.I. for three months on each count. The sentences have been directed to run concurrently and have been made subject to set off under Section 428, Cr. P. C.

(2.) Appellant Santosh was tried for offences under Sections 302, 302/149, 323/149 and 148 of the Indian Penal Code while the other appellants under Sections 302/149, 323, 323/149 and 148 of the Indian Penal Code.

(3.) The prosecution story, in brief, was that in relation to share in the crop, there was a dispute between accused Sitaram and Jagdish (P.W. 2), in respect whereof, accused Natwarlal, brother of Sitaram, had asked Jagdish to settle the accounts and told Jagdish that his brother Sitaram had called him for the purpose, but Arjun (P.W. 3), brother of Jagdish, had asked the accused to come to their house for settlement thereof. It was alleged that the accused Natwarlal had left the place - quite enraged on account of the attitude of the said two prosecution witnesses and after a short while thereafter, returned with accused Sitaram, Hareram, Ramanlal and Kailash. These persons, armed with lathis, then started assaulting Jagdish and Punamchand and when Shivlal arrived, the appellant Santosh picked up a stone and threw it from the roof of his house which landed on the head of Shivlal. Shivlal fell down unconscious. On account of the assault, Jagdish and Punamchand also received injuries. Shivlal was taken to the police station Chhaigon Makhan where report Ex. P-4 was lodged by Jagdish. Injured were forwarded for medical examination and Dr. D. R. Ahirwar (P.W. 1) examined their injuries and gave reports - Exs. P-1, P-2 and P-3. Since the condition of Shivlal was critical, he was referred to the District Hospital, Khandwa and thereafter to the M. Y. Hospital, Indore. Shivlal, however, succumbed to his injuries on 5-2-88 while under treatment in M. Y. Hospital. Post-mortem examination of his body was conducted by Dr. G. S. Mittal (P.W. 14), who gave his opinion that Shivlal had died on account of the head injuries sustained by him.