HEERALAL & ORS Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have preferred this appeal against the judgment date 26.7.1995 passed in Sessions Trial No. 55 of 1994 by Sessions Judge, Sehore, convicting the appellants under section 302 read with section 34, 304 Part I read with section 34 and section 324 read with section 34 of the I.P.C. and sentencing them to undergo life imprisonment with fine of Rs. 5,000/-, rigorous imprisonments for 10 years with fine of Rs. 3,000/- and rigorous imprisonment for one year with fine of Rs. 1,000/- respectively on each count.

(2.) In brief, the prosecution case is that complainant of the present case, Jagannath, accused Heeralal and P.W.2 Ramcharan are real brothers, who have their enclosures (Badas) adjacent to each other. On 18.12.1993 at about 8.30 A.M. Ganpat informed Jagannath that accused Heerlal, Prahlad, Ramgopal and Parmanand were beating his sons Moolchand, Sitaram and Radheshyam by Lathi and Farsa. Jagannath went at the enclosure (Bada) and saw that accused persons named aforesaid were assaulting Moolchand, Sitaram and Radheshyam by Farsa, Tangiya and Ballam. They had suffered injuries on their head and were smeared with blood. Ramcharan and Mangilal were trying to save them. As soon as Jagannath reached there, the accused persons ran away from the spot. Thereafter Jagannath took his injured sons for lodging the report. On way Moolchand succumbed to injuries. Accused persons had assaulted the injured persons when they had opposed them from damaging their cow dung cakes kept in the enclosure. Jagannath went to the police Station Ichhawar and lodged the report (Ex.P/1). Police sent the dead body of Moolchand for postmortem examination and referred Sitaram and Radheshyam for medical examination to hospital. Dr. A.K. Juneja (P.W.8) performed the postmortem examination of Moolchand and found following injuries :-

(3.) On medical examination of injuries or Radheshyam Dr. A.K. Juneja (P.W.8) found the following injuries:-