Decided on August 23,2005



D.K.DESHMUKH, J. - (1.) THIS appeal is directed against the judgment dated 7th January, 1993, delivered by Shri M.C. Jain, 4th Additional Sessions Judge, Bilaspur (M.P.) in Sessions Trial No. 418/1991 whereby the appellant was convicted under Section 302, IPC for committing murder of Bhuda and also under Section 323, IPC for voluntarily causing hurt to Sahadev and Shyam Sunder and sentenced to imprisonment for life under Section 302, IPC and rigorous imprisonment for three months under Section 323, IPC.
(2.) BRIEFLY stated prosecution story is that on 29 -5 -1991 at about 3.00 P.M. while Kunnilal, P.W. 3 was sitting at his brother P.W. 2, Sahadev's house, the appellant on a personal dispute went there and slapped Kunnilal. Sahadev, P.W. 2 requested the accused/appellant with folded hands not to beat Kunnilal whereupon the appellant assaulted Sahadev, P.W. 2 by a lathi on the left cheek near the lower eyelid. Sahadev, P.W. 2 fell unconscious. Seeing this, Bhuda came running and was lifting Sahadev, P.W. 2 when the appellant again came there with a lathi and assaulted Bhuda twice on the head. Bhuda succumbed to the head injury on the spot. Thereafter, the appellant ran away. Keshar Bai, P.W. 5, wife of Bhuda and neighbour Shyam Sunder, P.W. 4, saw the entire occurrence. The appellant also wielded the lathi on Shyam Sunder who sustained a simple injury. The appellant also ran towards Keshar Bai, P.W. 5 but she ran away and narrated the incident to her uncle Alkharam who lodged the FIR, Exh. P -1 in Police Station, Marawahi. Inquest was conducted by Sub -Inspector S.K. Singh, vide, Exh. P -3, who seized blood stained soil and plain soil from the place of occurrence vide Exh. P -5 and seized one piece of wood 3 feet in length and burnt from one side, from the Badi of the appellant on 30 -5 -1991, vide Exh. P - 6.
(3.) POSTMORTEM was conducted by Dr. Ramesh Singh Kachhawaha, P.W. 10 on the dead body of Bhuda on 30 -5 -1991 who found vide Exh. P -8, that the face was stained with blood. There was a diffused swelling of 12 cm. circumference on left frontal parietal region of scalp with red and bluish discolouration of underlying skin. Another incised wound was present on posterior aspect of left parietal bone 5" x 3" x cerebral cortex level. Upon dissection, he found fracture of left parietal bone anterior side and frontal bone left side as well as fissured fracture of left parietal bone on posterior side through which cerebral cortex was seen. Laceration of cerebral cortex frontal and parietal and extra dural haemorrhage was also noticed. Dr. Kachhawaha, P.W. 10 opined that death was due to coma as a result of brain stem compression by raised intra -cranial tension due to depressed fracture and fissured fracture of left parietal bone and frontal bone of skull and extra dural haemorrhage due to head injury produced by assault by a hard and sharp weapon. Dr. R.D. Gupta, P.W. 9, who examined Sahadev on 30 -5 -1991 found vide Exh. P -9 -A a contusion 2 cm. x 1 cm. just below lower eye -lid and a lacerated wound 1 cm. x 1/2 cm. x 5 cm. on the base of right meta - carpophalynges of index finger palmer aspect. Both these injuries were simple in nature as opined by Doctor R.D. Gupta in his report Exh. P -9 -A. He also examined Kunnilal, P.W. 3 on 30 -5 -91 and reported vide Exh. P -10 -A that no external injury was seen though he only complained of pain over the left ear. Shyam Sunder, P.W. 4 was also examined by him on 30 -5 -1991 and one lacerated wound 1 cm. x 1/2 cm. x skin level was found but the location of injury was not mentioned in his report Exh. P -11 -A.;

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