AMOL SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 7.1.1999 passed by the IV Additional Sessions Judge, Bilaspur in S.T.No.489/96 convicting the accused/appellants under Sections 302, 323 of IPC and sentencing them to undergo life imprisonment and Rl for six months. Both the sentences were directed to run concurrently.

(2.) Case of the prosecution, in brief, is that accused/appellant No.1 Amol Singh is son of late Bhelan Singh and name of sister of Bhelan Singh is Chandanbai (PW-2). It is alleged that originally the land in question was in the name of Dhokhiyabai, mother of Bhenal Singh and Chandanbai, and after her death, about 15 acres land came in possession of Chandanbai (PW-2) and rest 20 acres land came in possession of Bhelan Singh. After the death of Bhenal Singh, it is accused/appellant No.1 Amol Singh who was claiming his possession over the said land. It is alleged that on 9.11.1996 at about 8 am when deceased Jagatram, his son Dhirendra (PW-1) and wife Chandanbai (PW-2) were harvesting the paddy crop in their field, accused/appellant No.1 & 2 Amol Singh and Devsharan accompanied by acquitted accused Baiju Singh came to the field and objected to harvesting of crop by the deceased party and thereafter, they (accused persons) left the place. At about 12 in the noon when the appellants were harvesting paddy crop in a field, which is about 50 yards away from the field where the deceased was harvesting, it is alleged that the deceased accompanied by Dhirendra (PW-1), Chandanbai (PW-2), Santosh (PW-2) and others went there and raised an objection. On this, appellants No. 1, 2 & 3 assaulted Chandanbai with clubs causing simple injuries to her, when deceased Jagatram came to her rescue appellants No. 1, 2 & 3 also assaulted him with club and thereby caused simple injuries to him as a result of which Jagatram fell down. At this juncture, Dhirendra (PW-1) grappled with appellant No.4 Budhar Singh, who was armed with axe. He succeeded in snatching axe from him. However, during struggle appellant No.4 repossessed axe from Dhirendra. In the meantime, Jagatram got up from the field and started running. It is alleged that at that time, appellant No.4 having snatched axe from Dhirendra gave two axe blows to Jagatram which struck on his head and chest resulting in his death subsequently. In the said incident, PW-1 Dhirendra and PW-2 Chandanbai also suffered injuries. Further undisputed fact is that appellant No.3 Guruddin, appellant No.4 Budhar Singh and acquitted accused Rajju Singh also suffered injuries in the same incident. FIR (Ex.P/1) was lodged by Dhirendra (PW-1) on 9.11.1996 at 4.40 pm and based on this, offence under Sections 147, 148, 302, 149 of IPC were registered against 8 accused persons including the present appellants. Postmortem on the body of deceased Jagatram was conducted on 10.11.1996 vide Ex.P/6 by Dr. Roopam Mitra (PW-6), who noticed mainly one fatal injury on the head of the deceased and opined that the cause of death is intra-cranial haemorrhage (brain haemorrhage) because of trauma over skull. PW-1 Dhirendra and PW-2 Chandanbai were also medically examined vide Ex.P/8 & P/7 by Dr. Roopam Mitra (PW-6) and according to him, they sustained simple injuries. After investigation, charge sheet was filed against the accused persons under Sections 147, 148, 149, 302, 323 of IPC and accordingly, charges under Sections 147, 302/149 and 323/149 were framed against them.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 11 witnesses. Statements of the accused persons were recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined one Rambhajan as DW-1.