BHARAT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 14.12.1993 passed by II Additional Sessions Judge, Sehore, in Sessions Trial No.98/1990, convicting appellant No.1 Bharat Singh under Section 302 of the Indian Penal Code and appellant No.2 Babulal under Section 302/34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/- each. In default of payment of fine, further rigorous imprisonment for six months.

(2.) The prosecution case in nutshell is that on 7.1.1990, at about 8.45 in the night, Hari Om (deceased) and Kishorilal went to eat eggs at the shop of Kallu. Accused Bharat Singh was also present there. For some reason, an altercation ensued between them. When Hari Om was going back to his house, Bharat Singh and Babulal came armed with Gupti and Ballam. Acquitted accused Ramesh and Pannalal also reached there. Ramesh had a Lathi in his hand. On way, in front of the shop of Narayan, accused Babulal caught Hari Om from the back side and Bharat Singh dealt 3-4 blows of Gupti in his abdomen. Babulal and Ramesh also assaulted him and Pannalal exhorted them to kill him. On hearing noise, Rajendra Kumar (PW-1), brother of Hari Om and Kaluram (PW-4), his father also reached there and saw occurrence. Kallu, Kishorilal, Ram Singh and some other persons were also present there. After assaulting Hari Om, accused persons ran away.

(3.) Rajendra Kumar (PW-1) rushed to Police Kotwali, Sehore and lodged the first information report (Ex.P/1) at 9.00 pm. A case under Section 307/34 of the Indian Penal Code was registered against four accused persons. Station Officer, R.S. Chudawat (PW-15) rushed to spot and carried Hari Om to District Hospital, Sehore, however, Hari Om succumbed to his injuries. The case then converted under Section 302/34 of the Indian Penal Code.