- (1.)This appeal under Section 374 of Cr.P.C. has been directed against the judgment dated 17.01.2005, passed by Session Judge, Chhindwara, in S.T.No.207/2002, wherein the appellants have been convicted for offence under Section 302 r/w section 34 of the IPC and sentenced the appellants to life imprisonment with fine of Rs.500/-, and in lieu of fine, additional sentence of six months.
(2.)Appellant No.1/Ramchandra died during the pendency of the appeal, therefore, his name has been deleted from the array of the parties on 25.09.2014. This judgment is therefore, being pronounced with regard to appellants No.2 Kunjilal and No.3 Manaji.
(3.)Factual matrix of the prosecution case, in brief, is that on 09.06.2002, at about 11-12 pm Baburao was sleeping near his door. The accused persons Ramchandra, Kunjilal and Manaji armed with axe came to the spot and inflicted injury to Baubu Rao with common intention. Baburao sustained injuries on his forehead and other parts of body. Baburao was then rushed to hospital Sousar because he was serious, was referred to District Hospital, Chhindwara, hence information send to Police Sonsar, registered Crime No.0/2002 for offence under Section 302 r/w 34 of the IPC. Requisition was sent for examination of injured Babu Lal. On 09.06.2002 Babu Lal was examined by Dr.Sharad Bansod (PW-1). Baburao sustained, 5 incised wound on the face, forehead left eye brow, right eyebrow swelling on the left side of the mandible, lacerated wound on chin and swelling of the right hand. The Medical Officer submitted his report Exhibit P/2. A letter was sent to Tahshildar, Sausar for recording the dying declaration of Baburao. The Tehshildar was not available. Hence the Medical Officer recorded the dying declaration of Baburao, which is Exhibit P/3.