CHAIN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Chain Singh stands convicted under Sections 302 and 323 read with 34, IPC whereas other three appellants Bhuwan Singh, Sunder Singh and Sumendra Singh stand conviction under Sections 302 read with 34 and 323 read with 34, IPC, with sentences of imprisonment for life and rigorous imprisonment for 1 year each respectively, vide impugned judgment dated 2-5-1989 passed by Sessions Judge, Shahdol in S.T. No. 5/88.

(2.) The factual matrix of the case, in a narrow compass, is that on the fateful night of 28-7-1987, at about 9.00 p.m. deceased Ishwardeen and prosecution witnesses Bhaiyalal, Jiyalal, Ram Nivas Sharma, Shambhoo Prasad, Kunwarlal, Mandal Singh joined a religous proceession in the village of Darsagar. When the said procession reached, 'Daddi Ram Ka Chowraha' Ishwardeen, Bhaiyalal, Jiyalal and Ram Nivas, feeling thirsty, went to the house of one Sitaram situated at a distance of few paces from the said Chowraha, for drinking water. In the meantime, the religious procession proceeded ahead. When deceased Iswardeen and other persons were on their way to rejoin the procession after taking water, all the four accused persons who were hiding themselves behind the nearby bushes, suddenly appeared and accosted Ishwardeen. Accused Chain Singh was carrying a tangia (a sharp edged weapon), accused Sumendra Singh had a cycle chain, whereas the two other accused persons Bhuwan Singh and Sunder Singh were armed with lathis. Accused Chain Singh dealt a tangia blow on the head of Ishwardeen, as a result of which he fell on the ground and became unconscious. Bhaiyalal and Jiyalal too were assaulted by accused persons Bhuwan Singh, Sunder Singh and Sumendra Singh by means of cycle chain and lathis. All the accused persons thereafter fled away from the place of occurrence. Injured Ishwardeen was taken to Police Station Bhalumara, where Bhaiyalal lodged the First Information Report giving rise to the registration of a case at Crime No. 129/87. Injured Ishwardeen was sent to Primary Health Centre, Kotma for his treatment, where he succumbed to his injuries next day on 29-7-1987. Other injured persons Bhaiyalal and Jiyalal were also sent to Primary Health Centre, Kotma where they were examined by Dr. V.D. Pandey for their injuries. After perfoming the necessary formalities of proparting inquest etc., the body of Ishwardeen was sent for post mortem examination. The Autospy Surgeon found one stiched wound on his parietal region with corresponding fracture of parietal bones, as detailed in post mortem report Ex. P/9. In his opinion, the cause of death of Iswardeen was shock and haemorrhage resulting from the injuries to the vital organ (brain) which were ante mortem and were sufficient in the ordinary course of nature to cause death. During the course of investigation, the accused persons were arrested and in purusance to the informations given by them under Section 27, of the Evidence Act, a tangia, a cycle chain and lathis were seized from accused Chain Singh, Bhuwan Singh, Sunder Singh and Sumendra Singh respectively. Police Bhalmura, after completing the investigation of the case, charge sheeted accused persons Chain Singh, Bhuwan Singh, Sunder and Sumendra Singh for the alleged commission of the offences punishable under Sections 302, 323, and 324 read with 34, IPC.

(3.) The accused persons abjured their guilt and pleaded false implication to the charges framed by the trial Court under Sections 302 and 323 read with 34 of the IPC.