SHRIDHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 17-5-2002 passed by the Madhya Pradesh High Court dismissing the appeal of the appellants against their conviction and sentences of imprisonment for life under Section 302/149 as well as six months rigorous imprisonment under Section 323/149 of the Indian Penal Code. In all seven persons have been convicted by the Sessions Judge out of which Shankariya and Malkhe died during the pendency of the appeal in the High Court. The remaining five accused persons who have been convicted are: Munna, Shridhar, Motilal, Sarman and Gopal out of these persons Shridhar and Motilal are appellants before us in this appeal.

(2.) The prosecution case is that on 12-3-1983 at about 7.00 p.m. deceased Hakimsingh and PW-1 Rajendrasingh on way to their field passed through the house of Shankariya who is said to have accosted Hakimsingh asking him as to why he had been visiting the wife of his brother Ramcharan. Hakimsingh protested, upon which Shankariya and Malkhe with lathis, accused Sarman assaulted with farsa. Gopal and Motilal are said to have given lathi blows on the head of Hakimsingh. PW-1 Rajendrasingh tried to intervene at which he was also assaulted by Shankariya and Gopal. The alarm of Rajendrasingh attracted PW-4-Mahaveersingh, PW-3 Sagarsingh, PW-5 Raghurajsingh and PW-6 Dildarsingh to the spot.

(3.) PW-1-Rajendrasingh lodged the report of the incident upon which a usual investigation was conducted by the police of P. S. Veerpur. The weapons of the assault namely, lathi and farsa etc. are also said to have been recovered during the course of investigation. On completion of the investigation the police filed the charge-sheet. Rajendrasingh and Hakimsingh were sent for medical examination. PW-8 Dr. K. K. Singh found two injuries on the person on Rajendrasingh; one of which was a lacerated wound on the forehead and the other a bruise on the left hand. On the person of Hakimsingh he noted nine injuries most of which were lacerated wounds and quite a number of them on the head. Hakimsingh however, later died on 21-3-1983 in J. A. Group of Hospitals, Gwalior. The post-mortem examination was conducted on his body and as many as ten injuries were noted on his person including stitched wounds. The injuries were on the face, head and other parts of the body.