BALKISHAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellants assailing the judgment of conviction and sentence dated 20.11.1997 passed by learned IV Additional Sessions Judge, Gwalior in S.T. No. 186/1985; whereby, appellants Sultan Singh and Babulal have been convicted under Section 302 of IPC and appellant Gabbar Singh has been convicted under Section 302/34 of IPC and sentenced to suffer life imprisonment and to pay fine of Rs. 2000/-each with default stipulations.

(2.) Indisputably, the accused / appellant Balkishan has died during pendency of appeal. Vide order dated 12.4.06 his name has been deleted from the array of appellants hence the appeal so far as appellant Balkishan is concerned, stands abated.

(3.) Facts in a nutshell giving rise to the appeal are that on 17.09.1985 at about 5 p.m. in the evening complainant Sukha was returning from his field after grazing his cattle. Deceased Tejsingh was also going towards his village with his cattle. Balkishan (deceased accused) and appellant Sultan Singh were sitting on the mound of field of Jagdish Pujari and they were armed with Kharerua and Luhangi. Appellants Gabbar Singh and Babulal were also present there and Babulal was armed with lathi. As soon as deceased Tejsingh reached there, appellant Gabbar Singh caught hold of him and thereafter Balkishan (deceased accused) and other appellant Sultan Singh and Babulal inflicted blows on the head of deceased by means of Kharerua, Luhangi and lathi. Complainant Sukha tried to rescue deceased Tejsingh, then all the appellants tried to assault him also, so he ran away from the spot. Incidence has been witnessed by Lakharam (PW-4), who was also present on spot. Complainant Sukha (PW-3) informed the inhabitants of village namely Hukumsingh and Ramsingh and other persons, who reached on spot and found that deceased Tejsingh had already expired. Thereafter, Sukha lodged a report in the Police Station Madhavganj at 3.00 a.m. On the basis of report Ex.P/6, the matter was investigated. Spot map was prepared vide Ex.P/1. Dead body of deceased was sent for postmortem vide Ex.P/13. Postmortem was conducted vide Ex.P/14. Weapons used in the incidence were sized vide Ex.P/9 to P/12 and after investigation, charge-sheet was filed in the court of JMFC Gwalior, from where the case was committed to the court of Sessions.