DHANESHWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 06-02-1998 passed by the Additional Sessions Judge, Surajpur, the then District Surguja, M.P.(now C.G.) in Sessions Trial No.88/97 whereby and whereunder the learned Additional Sessions Judge after holding the appellants guilty for causing homicidal death not amounting to murder of Premsai, convicted the appellants under Section 304-Part I of the Indian Penal Code (in short "the IPC" ) along with died appellant Jaylal for whom the appeal stands abated as per order dated 27-9-2004 and sentenced them to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 200/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 month, to each appellant.

(2.) Conviction is impugned on the ground that without there being any iota of evidence. Court below has convicted and sentenced the appellants aforesaid mentioned and thereby committed illegality.

(3.) As per case of the prosecution, name of deceased is Premsai. On 01-6-1996, at about 6.30 p.m., Devnarayan (PW-3) reached to Police Station Ramanujnagar and lodged the First Information Report (FIR) against the appellants including the appellant died during pendency of the appeal that at about 11.00 a.m., on account of previous enmity the appellants and other co-accused Jaylal assaulted the deceased by axe, stick and crowbar. On account of the injuries inflicted by the appellants, deceased Premsai became unconscious at the spot at village Rampur Dehai Para and when he was taken to the hospital, died on the same day. Police registered the First Information Report under crime No. 59/96 under Section 302/34 of the IPC. Same time merg was also recorded at about 18.35 hours same day by Devnarayan (PW-3) which was registered as Ex.-P/IA. Police of Ramanujnagar reached to the place of incident. After giving inquest notice (Ex.-P/5), inquest was conducted on the dead body of Premsai vide Ex.-P/2. After the inquest, the dead body was sent for post-mortem vide memo Ex.-P/6. Doctor R.B.Prajapati (PW-8) conducted the autopsy on 02-6-1996 and noticed following injuries/symptoms:-