HEERALAL YADAV Vs. STATE OF M P

JUDGEMENT

(1.) This appeal by special leave filed by the complainant (PW-2) is directed against the judgment and order of the High Court dated 2-7-1999 passed in Criminal Appeal No. 678 of 1995 whereby the High Court reversed the conviction and sentence passed by the Trial Court convicting the respondents for an offence under Section 302/34, IPC and sentenced them to RI for life and a fine of Rs.1000/- each and in default of payment, further six months simple imprisonment. paragraph

(2.) The prosecution case in brief was that on 14-4-1993 at about 8.30 in the morning the deceased-Gokul Singh son of Nirbhay Singh, who was a practising advocate and his son Meharban Singh (PW-3) aged about 12 years went to their well in village Narval, District Shajapur. When the deceased went to answer the call of nature in the fields of Babulal Teli, all of a sudden, the accused-Gokul Singh son of Amar Singh, Bhawarlal and Babulal armed with sword, farsi and dhariya and co-accused Lal Singh with knife, Chander Singh, Man Singh, Kalu Singh, Dhannalal and Lal Singh armed with lathis came on the spot and surrounded the deceased and assaulted him with their respective weapons. PW-3 Meharban Singh on seeing this incident ran to his house and told his grandfather PW-6 Nirbhay Singh at flour mill and his uncle PW-2 Heeralal Yadav (appellant herein) that his father Gokul Singh was being assaulted. On being told PW-2 Heeralal Yadav and Devsingh PW-4 went to the spot. They saw the accused persons assaulting the deceased. PW-6 Nirbhay Singh also went there and saw the accused persons running from the spot with their respective weapons. The deceased-Gokul Singh was badly injured. He was put in a tractor and was taken to P.S. Agar where PW-2 Heeralal Yadav lodged F.I.R. at 9.05 a.m. which was recorded by A.S.I.

(3.) PW-1 Dr. A. S. Khan examined the deceased-Gokul Singh and found the following injuries: