BAHADUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 27th September, 1993 passed in S.T. No. 150/1990, passed by learned 7th Additional Sessions Judge, Bilaspur, by which the appellants have been found guilty for commission of offence under Section 148 & 302 read with Section 149 of the IPC and have been sentenced to undergo R.I. for 2 years under Section 148 of the IPC and life imprisonment for commission of offence under Section 302 read with Section 149 of the IPC.

(2.) During pendency of appeal, appellant No.4- Smt. Mankunwar died and statement to this effect was earlier made on 29.8.2005. Learned counsel for the State was directed to verify and at the time of hearing of this appeal, he stated upon verification that she so died. Appellant No.5- Babulal has also undergone the sentence imposed upon him and he was directed to be released by this Court vide order dated 29.8.2005.

(3.) The case of the prosecution, is that one Aghorilal lodged first information report at Police Station- Malkhoroda on 29.9.1988 that in the morning at 7:00 a.m., when Sakara Bai and her daughter Laxmin Bai had gone to throw the garbage, they saw that appellant-Bahadur and others were beating deceased Guharam with lathi, upon which they rushed back to their house and informed him. Thereafter when he rushed to Dabaripar and was standing there, he found Guharam lying dead and appellants Bahadur, Gangaram, Mehethar were standing with lathi. Thereafter he came back and called Horilal in the field and after his arrival they went to the house of appellant -Bahadur. Seeing them Bahadur went inside his house. He found that Guharam had died and due to deep head injury, blood was oozing. He also saw 3-4 injuries on his neck under chin which was also bleeding. He also stated in FIR that a day before he had asked Bahadur not to indulge in gambling, upon which Bahadur had beaten him, the report of which was lodged by him in Police Station - Malkharoda and then he returned home at 11:30 in the night. It has also been stated in the FIR that Guharam had also accompanied him for lodging the aforesaid report and because of this appellant-Bahadur and others have murdered his brother-Guharam.