STATE OF M.P. Vs. SAHABSINGH

JUDGEMENT

(1.) Heard Mr. Veer Vikrant Singh, learned counsel appearing for the appellant. Also heard Mr. Yogesh Tiwari, learned counsel appearing for the respondents.

(2.) This criminal appeal arises out of an incident which occurred on 6/9/1994. The case of the Prosecution is that about 8:00 A.M. when the complainant Ummed Singh together with Khuman, Dilip and Uttam Singh were returning from the cattle pound, the 14 accused persons armed with gandasi, luhangi etc. surrounded the complainant "s party and assaulted them with various weapons. On the basis of the First Information Report lodged by the injured complainant, initially Police registered a case under Ss. 307, 148 and 149 Indian Penal Code, 1860 (IPC) but when the injured Uttam died, the appropriate Sec. for murder was inserted.

(3.) As one of the accused was a minor his case was segregated and chargesheet against 13 persons was filed under Sec. 148, 403, 149, 307 IPC. Two accused died during trial and eventually the learned Trial Court on 18/8/1998 rendered a guilty verdict for all the 11 accused under Ss. 302, 326 and 149 IPC. The Court primarily relied on the testimony of injured PW-1, PW-2 and PW-6 in order to determine the culpability of the accused with the crime and corelated the role attributed, with injuries suffered by the injured witnesses and the deceased.