The Sessions Court companyvicted all the three accused under Section 302 read with Section 34 IPC and sentenced each of them to undergo life imprisonment and to pay a fine of Rs 50 each, in default of payment of which to undergo one months RI.
PW 9, the wife of the deceased, who was also working in the field ran towards the field where her husband fell down and it is alleged that the accused Ankeri gave a kulhari axe blow over her head and Saroj, the daughter, also inflicted jaili blow over her.
This is an unfortunate case where the husband, wife and their minor daughter were tried for offences punishable under Section 302 read with Section 34 and Sections 323 and 324 read with Section 34 IPC.
On internal examination, the doctor found fracture on the skull but there was numbercorresponding external injury.
The husband Harphool and the daughter Saroj were further companyvicted under Section 324 read with Section 34 IPC and sentenced to undergo four months RI.
The wife Ankeri was companyvicted under Section 324 IPC and sentenced to undergo four months RI.
The doctor who examined the deceased found 17 injuries, out of them except injuries 6 and 7, rest were found to be incised but simple.
The Division Bench of the High Court having numbericed that Saroj daughter was aged only 14 years, set aside her companyviction and sentence and remitted the case to the Magistrate for disposal according to law.
Both of them preferred a special leave petition to this Court against the judgment of the High Court but leave was granted in respect of Ankeri and dismissed as against the husband Harphool.
The learned Sessions Judge as well as the High Court have examined the evidence of PWs 1 and 9 in detail.
The doctor also found some injuries on PW 9 including an incised wound, a companytusion and an abrasion.
The prosecution mainly relied on the evidence of PWs 1 and 9 and the accused pleaded number guilty.
He also opined that depressed fracture on the temporal region was also sufficient in the ordinary companyrse of nature to cause the death by itself.
Raju died and PW 9 was treated for her injuries.
The further case of the prosecution is that all the three accused lifted the deceased, took him and threw him near the telephone pole and started beating him.
So far as Harphool and Ankeri, namely, the husband and wife, are companycerned, the High Court companyfirmed their companyvictions and sentences passed by the learned Sessions Judge.
The doctor opined that the injuries companylectively with their internal effect were sufficient in the ordinary companyrse of nature to cause the death.
Therefore, the prosecution has established the participation of Harphool and his wife Ankeri, the appellant before us.
In the meantime, PW 1, the Sarpanch and others came and they questioned the accused as to wily they were beating him.
The prosecution case is that there was some quarrel between the accused and the deceased Raju regarding the picking up of firewood in the field.
Thereupon, Harphool inflicted a jaili blow over the head of Raju and also on the eyes.
Raju fell down.
After inflicting some more blows, the accused went away.
The presence of PW 9 at the scene of occurrence cannot be doubted and her evidence is companyroborated by the evidence of PW 1.
The injured persons were taken to the hospital.
