MEHARBAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants herein have challenged their conviction and sentence under Section 302 read with Section 149, I.P.C. and also under Section 147 and 148, I.P.C. These appellants, along with four others, were tried by the Court of Sessions Judge, Guna, Madhya Pradesh alleging that they had caused the death of one Halkiya. On 13-3-1984, at about 8'O clock while PW-1 Hari Singh, nephew of deceased Halkiya was working in his field, PW-2 Harnam Singh came and told that his uncle Halkiya was lying injured near the field of Udham Singh. PW-1 rushed to the place and saw Halkiya lying injured. On the way he had informed Patel Pritam Singh (PW-6) and also Chowkidar Munni Lal (PW-5). Brother of PW-1 brought a bullock cart to take the injured Halkiya to hospital, but on the way Halkiya died and the bullock cart was diverted to the police station, which was about 8 Kms. away from the place of incident. PW-1 lodged the F.I. statement before the Station officer. According to PW-1, injured Halkiya had told PW-1 that he was assaulted by nine persons. The names of all these persons were given by PW-1 in the F.I. statement.

(2.) On the basis of statement given by PW-1, a case was registered against these nine persons and the body of Halkiya was sent for post-mortem examination. PW-4 conducted the post-mortem examination and found that there was an incise wound on the right side the skull of the deceased, possibly caused by a hard and blunt object. There were two other incised wounds, alleged to have been caused by hard and sharp cutting object on the right hand. In addition, there were 8 contusions on the various parts of the body. The Doctor was of the opinion that after sustaining these injuries, Halkiya must have been alive for 2-4 hours.

(3.) The initial investigation was conducted by the Chief inspector Narayan Prasad Srivastava and thereafter by R.B.Dubey. He prepared the site plan and obtained some blood-stained sand from the scene of occurrence. He interrogated the accused persons and on 14-3-1984, one 'farsa' from accused Meharban Singh and one bamboo stick each from accused Jagannath Singh and Bhiya Lal were recovered.