ANTAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant with one Badri has preferred this appeal aggrieved by and dissatisfied with the judgment of conviction and sentence dated 10.8.1999 passed by a Division Bench of the High Court of Madhya Pradesh, Bench at Indore in Criminal Appeal No. 787/1994 whereby and whereunder the judgment of learned Sessions Judge dated 22.11.1994 passed in Sessions Trial No. 385/ 93 convicting the accused-appellants under Sections 302 and 449 of the I.P.C. and sentencing them to imprisonment for life for the said offence was upheld subject to the modification that the appellants herein were convicted under Section 302/34 I.P.C. instead of Section 302 I.P.C

(2.) The occurrence took place on 6th July, 1993 at about 4 p.m. The deceased was a lady named Keshrabai. She and her daughter -Annubai (P.W.I) aged about 15 years at the relevant time were in their house. The appellant herein and three others entered into their house armed with axe, phaliya, lathies bow & arrows etc. Eight other persons had surrounded the entire house. They were also armed with deadly weapons. Allegedly, Badri assaulted the deceased. Indisputably, the deceased suffered as many as eight injuries as would appear from the deposition made by Doctor R.C. Hanotiya P.W.11 who had conducted the postmortem examination on the deady body of the deceased-Kesharbai on 8.7.1993. He found the following injuries on the person of the dead body:

(3.) The learned Sessions Judge fully relying on the evidence of the eye witness-Annubai, who examined herself as P.W.-1 before the learned Sessions Judge, while acquitting eight of those accused persons, who were said to have waited outside the house and who had not been named in the First Information Report recorded a judgment of conviction and sentence against the appellant, Badri, Devsingh and Varsingh.