ROHNI PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Six appellants have filed this appeal challenging their convictions u/s. 147, 302/149 IPC and sentence of R.I. for 1 year and imprisonment for life respectively.

(2.) The prosecution story is that on account of previous enmity all the appellants went armed with hammer, Sabbal and lathies where deceased Dhanpat had gone for agricultural operations. The appellants bet him. On hearing the cries made by the deceased Nandlal (P.W. 1) and Prithviraj (P.W. 4) reached the spot. Seeing them all the appellants fled away. They shifted the deceased under the shade of a tree and also sent information to deceaseds father Ramsajiwan (P.W. 3). Along with Ramsajiwan the village people also came and the deceased made an oral dying declaration to them that he was assaulted by the appellants. Therefore on a bullock cart he was taken to Nagode hospital. Ramsajiwan lodged F.I.R. Ex.? P-3 in the police station since the condition of the deceased was precarious. He advised recording of his dying declaration immediately. Dying declaration Ex. P-15 was recorded by head Constable Shyambihari (P.W. 9) in presence of Dr. R.B. Patel (P.W. 8). The deceased died soon thereafter. Dr. Patel performed his post mortem and found injuries as detailed in Ex. P-16. The cause of death was shock and haemorrhage. After completing investigation, challan was filed against all the appellants.

(3.) The appellants denied their guilt. They examined 5 witnesses in their defence. Relying on the statements of eye-witness Nandlal (P.W. 1) and the oral dying declaration before Bhaiya lal (P.W. 2) and Chitrakoti (P.W. 5) and written dying declaration (Exs.P-15) the learned Trial Court convicted and sentenced all the appellants as aforesaid. Hence this appeal.