SHRIRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed by the accused Mansingh and Shriram against the judgment and order dated 25-9-93 passed by Addl. Sessions Judge, Kukshi, District Dhar, in S. T. No. 229/92 whereby the appellants were convicted for offence under Section 302 of the I. P. C. and sentenced to life imprisonment.

(2.) THE prosecution case, in brief, is that in village Haldi, Ajmersingh (P. W. 1) was running flour mill. There was dispute of this land and the land adjacent to it between him and the appellant Mansingh. On the date of incident Le. 26-2-92 at about 5 p. m. the appellants and acquitted accused Mahendra, Rajendra and Manohar, the sons of appellant Mansingh and Lakshman entered the flour-mill and caused injuries to Ajmersingh and asked him to remove the flour-mill and also demolish the house standing thereon. The appellant Mansingh and Shriram gave him Faliya -blows and other appellants caused him injuries with lathi and other weapons. Ranjeet, Lakshman (P. W. 4), Kailash and Beserbai came to rescue Ajmersingh. They were also beaten by the accused persons. Hearing commotion, Vikramsingh (P. W. 2), the brother of Ajmersingh, came there and asked his father Kunwarsingh and Dilipsingh to go to P. S. Kukshi and lodge report against the accused persons who had already left for police station. On this, the deceased Kunwarsingh and Dilip went to the police station on their Rajdoot motor-cycle No. C. I. N. 5528. When they reached near the field of Hattu Baba, the appellants surrounded them and felled them down from the motor-cycle in a pit and appellants gave them Faliya -blows and other accused persons inflicted injuries with lathi, bow and other weapons. Gajendrasingh (P. W. 6) and Ratnsingh (P. W. 7) witnessed the incident. They ran to village Haldi and informed Vikramsingh, Anarbai (P. W. 8), wife of deceased Dilip and Mohnibai, wife of Kunwarsingh that the appellants were assaulting the deceased persons. Kishan (P. W. 14) also saw the incident from other corner and he also gave information of this incident to the family members of the deceased. Immediately Vikramsingh (P. W. 2) went on the spot. He found both the deceased dead. They were having several injuries. He went to P. S. Haldi and lodged F. I. R. Ex. P-14 which was reduced to writing by Ajit Tiwari, Sub- Inspector (P. W. 15 ). Ajit Tiwari (P. W. 15) registered crime and started investigation. He reached the spot and prepared spot-map Ex. P-2 near the field of Hattu-Baba and Ex. P-3 where flour-mill was installed. He conducted inquest on the dead-body of Kunwarsingh and Dilip and prepared inquest report Ex. P-6 and P-7 respectively. He collected stained and unstained earth vide seizure memo Exs. P-25 and 26 from the places where the dead- bodies were lying and seized them vide seizure memos Ex. P-25 and 26. He also seized the Rajdoot motor-cycle C. I. N. 5528 and part of Faliya and one arrow vide seizure memo Ex. P-27. He sent the dead-bodies for post-mortem examination and other injured persons for medical examination. T. I. R. Verma (P. W. 16) arrested the appellants on 27-2-92 vide arrest memo Ex. P-8. The appellant Shriram gave information that he had concealed Faliya and would recover the same. This information memo has been marked Ex. P-19. The appellant Mansingh also gave information which was reduced to writing by him and has been marked Ex. P-20 and thereafter both these appellants gave Faliyas which were seized vide seizure memos Ex. P-9 and P-10 and some weapons were also seized at the instance of other acquitted co-accused. Dr. R. C. Patidar (P. W. 11) performed post-mortem examination on the dead-body of Kunwarsingh and found the following: 1. Incised wound on right cheek which had gone up to right ear, which had lacerated brain, 1" x 1, 1/2'' x brain deep. 2. Incised wound on the right forehead on frontal region 8" x 1/2''x bone deep. 3. Incised wound on right chest 6" x 4, 1/2'' x bone deep cutting 3rd, 4th and 5th ribs. 4. Penetrating wound on chest 1" x 1/2'' x lung deep. It had cut 1/4'' x 1/4'' area of the right lung. Penetrating wound 1" x 1/2'' x lung deep. It had also caused injury in 1/4'' x 1/4'' area of the right lung.

(3.) DR. Patidar opined that the injuries were ante-mortem and homicidal. The cause of death was shock as a result of haemorrhage vide report Ex. P-16. Dr. C. K. Jain conducted autopsy on the dead-body of Dilip and found the following injuries: