MAHENDRA SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) Both these appeals, i.e., Criminal Appeal No.764 of 2021, filed by Mahendra Singh (accused No.3), Pritam Singh (accused No.4) and Shambhu Singh (accused No.9); and Criminal Appeal No.765 of 2021, filed by Lakhan Singh (accused No.11), challenge the judgment dtd. 6/8/2019, delivered by the Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior, in Criminal Appeal No.317 of 2000, thereby dismissing the appeal filed by the present appellants and upholding their conviction under Ss. 148 and 302 read with Sec. 149 IPC and imposing the sentence of one year rigorous imprisonment under Sec. 148 IPC; and life imprisonment and a fine of Rs.5,000.00 each under Sec. 302 read with Sec. 149 IPC and, in default of payment of fine, sentence of rigorous imprisonment for a period of two years.

(2.) The facts, in brief, giving rise to the present appeals are as under:

(3.) The investigation in the present case was set in motion on the basis of the oral report of Amol Singh (P.W.6), on the basis of which a First Information Report ("FIR" for short), Exhibit P- 7, came to be registered. It is stated by Amol Singh (P.W.6) in the FIR that on 12/6/1994, when he was returning from Basoda, he had met his brother Bhagat Singh (deceased) at about 6:00 pm and had also met Akhe Singh (PW-4). He further stated that they boarded a bus from Nayi Sarak till Chak Ranapur. After reaching Chak Ranapur, they walked towards their village Budhor. At about 7.00 p.m., when they reached village Ratanpur, he was walking ahead, followed by Akhe Singh (PW-4), who in turn, was followed by Bhagat Singh, he heard the cries of his brother Bhagat Singh and when he turned, he saw Shambhu Rajput hitting Bhagat Singh with a ballam; accused Santosh, Lakhan, Mahendra and Pritam had also assaulted Bhagat Singh with ballam, causing injury on front side of the body; accused-Padam Singh had hit Bhagat Singh with a rod; accused-Dashrat Singh had assaulted Bhagat Singh with a lathi on his head and three others hit Bhagat Singh with sticks. He further stated that when the accused charged to assault the complainant-Amol Singh (P.W.6) and Akhe Singh (P.W.4), they started running for their life and reached village Budhor and narrated the incident to Deewan Singh, Pooran Singh, Mokam Singh, etc. He has further stated that all of them had come back to the spot of incident and found Bhagat Singh dead. They hired a tractor of Veer Singh and took the dead-body to the Police Station. It is his case that the accused persons had assaulted the deceased on account of previous enmity.