BATHUSINGH Vs. STATE OF M P

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 19.4.2002 passed by the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal Nos. 697 and 831 of 1995 whereby the High Court has partly allowed Criminal Appeal No. 697 of 1995 by acquitting appellant No.1, Balu Singh, appellant No.4, Richhu, appellant No. 6, Bhangdibai and appellant No. 7, Nanbai of the offence they were charged and the appeal of appellant No. 2 Bathusingh, appellant No.3, Nar Singh and appellant No.4, Bhal Singh was dismissed.

(2.) The case of the prosecution, in brief, is as follows:- The appellants and the deceased persons as well as PW-1, Sardar Singh, PW-2, Jagat Singh and PW-3, Humabai are related to each other. On the fateful day, the deceased Dhan Singh @ Dhania was digging a well in his field and was storing stones on the embankment of the field for which the accused persons were having objection. At that time, all the appellants reached the place in question having arrow and bow, Denga (lathi) and stones and started assaulting the deceased Dhania. The deceased Bhuru also reached over there and he too was assaulted by the appellants. Jhillibai, sister of PW-1, Sardarsingh, was also assaulted when she was going to serve water to him. The incident was witnessed by PW-1, Sardar Singh, PW-2, Jagat Singh, PW-3, Humabai and other witnesses named Bhagat Singh, Buddhibai Jalam Singh, Pratap Singh and Bhim Singh.

(3.) PW-1, Sardar Singh, informed this incident to village Chaukidar and thereafter lodged a report Ex. P-1 at the police station at 2.00 p.m. Both Dhania and Bhure died on the spot. Their bodies were sent for post mortem examination and injured persons Hirabai and Jhillibai were sent for medical examination. They were examined by PW-4, Dr. Fateh Singh. The deceased Dhania sustained two stab wounds at his stomach caused by pointed sharp edged weapon and a fracture on left temporal bone caused by hard and blunt object. His post mortem report is Ex. P-2.