KISANDAS Vs. EMPEROR

JUDGEMENT

(1.) ON the afternoon of Sunday 31st March this year one Maru Kirar died at mouza Mathni in the Sohagpur Tahsil, Hoshangabad District, as a result of an assault made upon him by some village people with lathis. Eight wounds were found on the body of the deceased, seven of which were contusions not amounting to grievous hurt but the one on the head as described in the post-mortem report (Ex. P-9) fractured the skull and lacerated the brain and in the opinion of the Medical Officer (Ex. P-11) caused death.

(2.) THE first information report (Ex. P-1) was made by Suka (P.W. 14), the son of the deceased, at Piparia station house at 9 p. m. on the same day, and implicated the following seven persons by name as the assailants responsible for the crime and the informant also gave the names of certain persons who witnessed the assault: (1) Kisandas Kirar, (2) Rajaram Kirar, (3) Nathuram Kirar, (4) Tunda Kirar, (5) Dhanna Kirar, (6) Gorelal Kirar and (7) Dalpat Kirar.

(3.) THE trial was held by Mr. Amardekar, Additional Sessions Judge, who convicted Kisandas alone under Section 302 read with Section 114, I.P.C., for abetment of the murder of Maru and sentenced him to death. The other three accused Rajaram, Nathuram and Tunda were found guilty under Section 323, I.P.C., only and each of them was sentenced to one year's rigorous imprisonment.