GOVIND SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have preferred this appeal aggrieved by the judgment of conviction of sentence dated 14-10-1989 delivered by Additional Sessions Judge, Shahdol in Sessions Trial No. 20 of 1989 (State of M. P. Vs. Govind Singh and others) whereby appellants 1, 3, 4 and 5 have been convicted under Section 304 Part-I read with Section 34, Indian Penal Code and sentenced to seven years rigorous imprisonment and fine of Rs. 200. 00 each and appellant No. 2 Nevariya son of Phadali (now dead) has been convicted under Section 304 Part-I read with Section 34, IPC and sentenced to three years' rigorous imprisonment and fine of Rs. 200. 00.

(2.) BRIEFLY stated the prosecution story is that land bearing khasra No. 257 is near Jeelan Nala at village Chhapani. It was sold in public auction by Shahdol Co-operative Society as the loan was not re-paid by Bhagloo, to Prem Singh Dixit, who purchased it in the name of Rajesh Singh Dixit. Patta was issued in favour of Rajesh Singh Dixit. The prosecution alleges that Prem Singh Dixit had leased out the land to deceased Govind Singh son of Pancham Singh. It is further alleged that the said Prem Singh Dixit had sold the land secretly to accused Govind Singh who purchased it in the name of his son Jai Singh (appellant No. 4) in whose name patta had also been issued. Deceased Govind Singh had filed a suit against accused Jai Singh, his vendor Rajesh Singh and original patta holder Bhagloo (P. W. 12 in the Court of Civil Judge Class II, Rajendragram and the same was registered as C. S. No. 9-A of 1987. One party or the other used to sow the crops on the land.

(3.) ADMITTEDLY, the land in question originally belonged to Bhagloo (P. W. 12 ). The learned Trial Judge has mentioned this fact in Paragraph 2 of the judgment. According to the prosecution story, it is alleged that on 18-11-1988 at about 11 a. m. , Ram Singh (P. W. 1), his father Govind Singh (deceased), mother Dhaniyabai (P. W. 9) and wife Smt. Doopa alias Kariyain (P. W. 4) were cutting the crop in the field 'kachhar Khet'. At that time, accused persons came there armed with lathis and knife and started quarrelling, threatening to life, pelted stones and gave lathi blows. It is alleged that accused Govind Singh son of Nevariya took out a knife from pocket and inflicted on the head of deceased Govind Singh. Ram Singh (P. W. 1), Bhola Prasad (P. W. 3) and Dhaniyabai (P. W, 9) went to the Police Station and lodged a report of the incident (Exh. P-1) which was registered as Crime No. 61 of 1988 for offences punishable under Sections 147, 148, 294, 323, 302 read with Section 149, IPC. Injured were sent for medical examination. The dead body of Govind Singh was sent for post mortem. After usual investigation, chalfan was filed in Court.