BAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, aggrieved by the judgment of conviction and sentence dated 14-6-2000 passed by Fourth Additional Sessions Judge, Vidisha, in Sessions Trial No. 103/98 whereby held all the three Appellants guilty for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentenced each of them to imprisonment for life and fine of Rs. 500/-. In default of payment of fine, further ordered to suffer imprisonment for one month.

(2.) Briefly stated the facts of the case are, there was some dispute in respect of some agricultural land in between the Appellant/accused Bahadur Singh and the deceased Harprasad with regard to the partition. On 8-5-98 deceased Ramgopal and Harprasad went to the field with one tractor to plough at about 5.00 p.m. it is alleged that Appellant/accused Bahadur Singh armed with farsa, Appellants/accused Pappu and Prakash armed with axe and acquitted co-accused Sonabai armed with parena came to the field and started abusing the deceased Harprasad and Ramgopal and asked why they are ploughing the field concerned and thereafter it is further alleged that the Appellant/accused Bahadur Singh had caused an injury by means of farsa to the deceased Harprasad on the left leg, due to which Harprasad fell down on the field; thereafter Appellant/accused Prakash had caused injuries by means of axe near the ear, thereafter also caused other injuries on the head; when second deceased Ramgopal tried to intervene, at that time Appellant/accused Pappu had caused injuries to Ramgopal on the neck by means of axe and thereafter also caused further injuries by the axe. Then Appellant/accused Bahadur Singh put the concerning tractor on fire and also caused damage to the tractor concerned. The incident was seen by Deepchand, who lodged the FIR as well as by witnesses Chhotelal and Ramcharan. Witness Deepchand had lodged FIR (Exh. P-1) at 7.05 p.m. at Police Station Pathari on the same day, on which basis the Police registered the case under Section 302, IPC. The Investigating Officer reached on the spot, prepared the inquest panchnama of both dead-bodies of deceased Harprasad and Ramgopal; sent the dead-bodies for post-mortem examination also prepared spot map, seized bloodstained and plain earth from the spot Dr. P.K. Jain (P.W. 2) performed the post-mortem of the dead body of Harprasad and found near about ten injuries - incised wounds on various parts of his body and, opined that due to excessive haemorrhage from the injuries specially the injury on the head the deceased died due to coma and proved the post-mortem report [Exh. P-2 (A)]. Similarly, he also performed the post-mortem of the dead body of Ramgopal and found near about 13 incised injuries on various parts of his body and opined that due to excessive haemorrhage from the injuries resulting shock and ultimate death of Ramgopal and proved the report [Exh. P-3 (A)]. After due investigation the charge-sheet had been filed against the Appellants/accused.

(3.) All the three Appellants/accused abjured the guilt and their defence is of false implication in this case. The learned Trial Court after due appreciation of the entire evidence on record by the impugned judgment held all the three Appellants/accused guilty for the offence punishable under Sections 302/34 of IPC and sentenced each of them as stated herein above aggrieved by which the Appellants have preferred this appeal.