NANIYA NANURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 28th October 86 of IIIrd Additional Sessions Judge, Dhar, passed in S.T. No. 177/84, whereby the accused-appellants 1 to 4 have been convicted under Section 302/34, I.P.C., for having committed murder of Babulal s/o Narottam. on 6-9-84, in village Chor Baodi and sentenced them to undergo imprisonment for life each. Accused Naniya and Gulab have been further convicted under Section 323/34 for having caused simple-injuries to Ramgopal and Madan and sentenced them to undergo R. I. for 3 months each. Appellant Rajababu has been acquitted of the offence under Ss. 302/34 and 323/34, I.P.C., but has been convicted under S. 341, I.P.C., and sentenced to a fine of Rs. 500.00 each. In default of payment of fine he shall undergo R. I. for 7 days.

(2.) Brief history of the case is that deceased Babulal, (PW 7) Ramgopal and (PW 8) Madan, who are residents of Bachhanpur had gone to jungle (forest) for collecting teak leaves to be used for constructing huts. They were returning at about 3 p.m. They were crossing the rivulet, near village Chor Baodi; the 4 accused persons Naniya, Gulab, Jamiya and Rugga stopped them and asked them that they are being called by accused Rajababu. Madan and Babulal were carrying the head load of thin sticks of teak wood (Kimdis as it is called in the local dialect) Ramgopal was carrying the bundle of leaves. All the three persons put off their head load. Meanwhile 4 accused persons reached near them. They took out kimdis (thin sticks of teak wood) and began beating them. Babulal fell down because of the beating and became serious. It is alleged that beating was done at the instance of accused-appellant Rajababu. Thereafter Babulal was dragged near Rajababu. Ramgopal and Madan have also sustained injuries. Because of the beating, Babulal had become unconscious. Thereafter Rajababu asked all the three injured persons to be released and asked them not to come to that area. Babulal was brought to village Bachhanpur on a cot and thereafter he was taken to police station, but he died on way.

(3.) The matter was reported by Ramgopal in police station Nalchha. Madan and Ramgopal both were medically examined and doctor found 4 and 5 injuries respectively on their body. The autopsy on the body of Babulal was conducted by P.W. 6 Dr. B. C. Puri. He found nearly 11 injuries on his body. There was dislocation of wind pipe and congestion over it; fracture of cervical vertebree and fracture of 10th rib of the right side of sterno costal region. He further found fracture on the middle of left 10th rib. lung was also injured because of fracture of right rib. Doctor further opined that the injuries could be caused by kimdis (thin sticks) which were seized during investigation and sent to Medical Officer. The Police Officer Abrar Ahemad (PW 10) prepared the spot map and recorded statements of the witnesses and after completion of the investigation filed challan against the accused persons, which was committed to the Court of Session in due course. The accused abjured the guilt and pleaded false implication. Learned trial Judge has convicted and sentenced them, as above. Hence, this appeal.