A 4 Komal was found guilty of the offence punishable under Section 323 IPC and was sentenced to pay fine of Rs.500/ and in default to undergo simple imprisonment for one month but was acquitted of the other offences and the other six accused A 1, A 3, A 5 to A 8 were acquitted of all the charges.
Daulat and other injured namely, Shrilal, Phoolabai and Harlal were sent to the PHC Bankhedi for medical examination.
Gubdu and Ishwar A 1 and A 2 respectively were charged for companymission of offences punishable under Sections 147, 148, 323, 149 and 302 IPC.
Rest of the accused persons were charged under Sections 147, 148, 323 read with Section 149 and 302 read with Section 149 IPC.
The trial Court recorded companyviction and imposed sentences as follows A 2 Ishwar was companyvicted under Section 302 and sentenced to undergo imprisonment for life and also to pay fine of Rs.500/ and in default to further undergo simple imprisonment for one month.
He is a barber by profession.
Al and A2 gave Kharerua piece of wood used in bullock cart blows on Daulats head.
During investigation, the accused were arrested and at their instance respective weapons were recovered.
All these articles were sent to the FSL, Sager, along with the ordinary and blood stained soil seized from the spot for chemical examination.
Parents and brothers of unconscious Daulat immediately took him to the police station, where Shrilal lodged the first information report Ex P/7 Thereupon, a case under Sections 294 341 323 read with Section 34 IPC was registered.
Shrilal PW7 was working in the Pangat companymunity feast at the residence of one Komal Kachhi.
No appeal was filed by A 4 Komal against his companyviction.
The trial Court as numbered above companyvicted A 2 Ishwar and A 4 the present appellant for offence punishable under Sections 302 and 323 IPC respectively for their individual acts and sentenced them as indicated above.
A3 A4 wielded lathies on his wife Phoolabai and his younger son Harlal was also struck with lathies by A5 and A8.
One white shirt worn by the deceased at the time of incident was also recovered and seized.
He fell down and was rendered unconscious.
However, the Serologist companyld only determine presence of human blood on the shirt and the blood stained earth seized from the spot.
At about 300 p.m., when the guests were taking meals at the residence of Bairam, Al called Daulat through Narayan Singh to a place near Mata ki Madiya place of worship of the Goddess .
Prosecution version in nutshell is as follows All the accused are residents of village Doomar, where companyplainant Shrilal PW7 father of Daulat hereinafter referred to as the deceased also resided.
In turn, they also called another barber namely Ishwar Das, the A2, from another village Purena.
Shri and his wife Phoolabai rushed to the spot, where he was also assaulted by Al and A2 with Kharerua.
yet he also renders services as an assistant in marriages solemnized in accordance with traditional Hindu order.
Dr. R.C. Agrawal PWI5 , after examining Daulat, referred him to the District hospital, Hoshangabad for admission and treatment and also advised radiological examination of the injury found on the scalp.
On the auspicious occasion of Akshay Tritiya that fell on 19th April, 1988, a number of marriages were proposed to be solemnized in village Doomar.
His younger brother Harlal PW8 immediately went to the house of Komal Kachhi and informed his father Shrilal PW7 about the incident.
The High Court accepted the stand and directed companyviction as numbered above.
Eight persons faced trial for alleged companymission of offences.
He had deputed his son deceased Daulat to render service in the marriage ceremony organized at the residence of one Balram Ahir.
However, in view of dispute with Al, A3 A4 as to payment of money for the services rendered, the companyplainant at the relevant point of time, was number serving as barber to these accused.
Accused Ishwar preferred Criminal Appeal No.978 of 1992 while the State of M.P. filed Criminal Appeal No.245 of 1993 against the acquittal of seven accused persons.
Although, he is generally engaged for the work of hair cutting, shaving etc.,
Observing bloodstains on all these articles excepting the ordinary earth seized from the spot, the Chemical Examiner forwarded the exhibits to Serologist for further examination.
Pursuant to his advice, Daulat was taken to the District Hospital at Hoshangabad where he succumbed to the injuries on 20.4.1988.
After inquest proceeding, the dead body of Daulat was sent for post mortem that was companyducted by Dr. Ashok Kumar Tiwari PW14 .
