BHURSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellants being aggrieved by the judgment dated 18/10/2001 passed by the Court -of Shri B. L. Jatwa, Additional Sessions Judge, Jobat, District-Jhabua in S.T. no, 101/1999, by which the appellants have been convicted under sections 148, 302/149 and 506 (part-11) of the IPC and sentenced to rigorous imprisonment of two years each and life imprisonment with fine of Rs.2000/- each and rigorous imprisonment of two years each respectively.

(2.) According to the prosecution story, on 24/09/1998 at about 5.15 pm, Dungriya, husband of complainant Nahju returned to home from Udaygarh and said to his wife Nahju that he would take bath in Nala and she would wash the clothes there. Thereafter, both of them went to the Nala. She was washing the clothes and Dungriya was smocking bidi. Nagariya, younger brother of her husband and her son Teniya were sitting there. At about 5.30 pm, accused Jalam, Bhursiya, Khelu, Mangtiya, Bhudhiya, Kalsingh, Kishan and Kasturi armed with bow and arrows and faliya came there and surrounded her husband, at that time, Nahju ran towards the Nala. Accused Bhursiya, Jalam and Mangtiya shot Dungriya by bow and arrows which caused injuries to his chest, hands and face. Accused Kasturi, Bhudiya and Khelu assaulted by faliya in the head of Dungriya, due to which he fell down, then accused Kalsingh and Kishan assaulted by stone to his head till his death. The remaining accused persons surrounded Dungriya. After the death of Dungriya, accused Jalam ran towards Nagriya to kill him. Kelsingh caught hold of him, then Nagriya got rid of him and ran away. On the cries of Nahju, her mother-in-law Rukhama, sister-in-law Hajri came there, then accused persons ran away. Due to the old enmity of land, the accused persons killed her husband. The accused persons also threatened that in case of report, they would finish whole of the family. Hence on report on 25/09/1998 at 6.30 am, crime no. 156/ 1998 was registered under sections 147, 148, 149, 302 and 506 of the IPC. After investigation, challan was filed against the appellants. Accused Kishan was juvenile, hence challan was filed against him in Juvenile Court. The appellants / accused have been convicted and sentenced after trial as mentioned herein above.

(3.) It has been argued by the appellants' counsel that all the prosecution witnesses have improved their statements from their police statements during trial. The evidence was not appreciated in proper perspective. As per medical report and the statement of Dr. Prakash Dhoke PW-5, no injury was found on the back side of the head of the deceased Dungriya and there was no injury on the waist and stomach; there was no injury of faliya. No independent witness was produced before the trial Court. Hence the appeal deserves to be allowed.