TRILOKCHAND S/O JAGANNATH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have challenged their conviction under Section 302/34 of the I.P.C., sentenced to R.I. for life and fine of Rs.10,000/- to each appellants, in default of payment of fine, additional S.I. for 2 years each, passed by the learned Special Judge, Mandaleshwar in Special Case No.277/2000, dated 30th January, 2001.

(2.) According to the prosecution case, on 11/5/2000, in the night, at 8.00 p.m., some members of the party of the accused persons parked their bus in the field of complainant Chhagan(P.W.1) and deceased Ganpat. Deceased Ganpat and his brother Dinesh(P.W.3) asked accused Trilokchand to remove the bus from the field. On this issue, the accused persons named Trilokchand(the present appellant), Anokchand, Dharmendra, Subhash(the present appellant), Jagannath, Gyanchand, Champalal, Dagdu, Shankar, Mahesh, Prakash, Geetabai, Bhagubai, Kiranbai, Sushilabai and others, after forming unlawful assembly to commit murder of Ganpat and Dinesh, made an attack on Ganpat and Dinesh by deadly weapon like axe. Appellant Trilokchand dealt an axe blow causing injury on the right side of the skull of Ganpat. Appellant Subhash caused a blow with an iron fork. The accused Trilokchand caused injury to Dinesh(P.W.3) with an axe, but he saved himself and sustained simple injury by the handle of the axe on his right hand. Other accused persons were using lathis and stones. Injured Ganpat and Dinesh were brought to Kasrawad, where Chhagan(P.W.1) lodged the report(Ex-P/1). The injured persons were sent for medical examination and treatment to Kasrawad Hospital. They were medically examined by Dr. Sharad Kumar Gupta(P.W.2). Dr. Gupta issued the M.L.C. report(Ex-P/4) of the deceased Ganpat and Ex-P/5 is the M.L.C. report of injured Dinesh(P.W.3). He also examined the acquitted co-accused Shankar and Dagdu. Their M.L.C. reports are Ex-D/2 and D/3. After primary treatment, the injured persons were referred to the District Hospital, Khargone and in District Hospital, Khargone, during the course of treatment, Ganpat succumbed to the injuries. The police on completion of inquest proceeding, sent the dead body of Ganpat for postmortem examination which was conducted by Dr. Rajendra Joshi(P.W.11). The postmortem report is Ex-P/11. From the spot, blood stained earth and controlled earth were seized and spot map was also prepared by the Investigating Officer V.N. Singh Arora(P.W.10). A counter case was also registered against the complainant party for causing injuries to Shankar and Dagdu.

(3.) The accused persons were arrested and at the instance of appellant No.1 Trilokchand, an axe and from appellant No.2 Subhash an iron fork were seized. The seized articles were sent for examination to Forensic Science Laboratory and its report is Ex-P/32 and P/33. On completion of the investigation, fifteen persons were charge-sheeted for commission of offence under Sections 148, 302/149, in alternative 302, 323/149, in alternative 323, 506 Part-II/149 and 294 read with Section 149 of the I.P.C.