GIRIJAPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants numbering eight have been convicted under S. 302/149, I.P.C. for committing the murder of one Prem Singh in prosecution of their common object and also under S. 148/147, I.P.C. for rioting and have been sentenced to imprisonment for life for the first offence and to R.I. for 1 year for the second offence by 3rd Additional Sessions Judge, Damoh by judgment dated 1-12-1987. Aggrieved by their convictions and sentences, the appellants have filed the present appeal.

(2.) The prosecution story briefly stated was that on 21-11-1986 at about 7.15 p.m. deceased Prem Singh was taking tea outside the hotel of one Baddan in a market place (referred to as Bajariya) of the town of Hindoriya, P. S. Hindoriya district Damoh. All the eight appellants came in a body at that time and surrounded the deceased. Some time earlier appellant No. 7 Ganga Prasad had come to verify about the presence of deceased Prem Singh and had returned back only to bring the remaining appellants with him to the place of the incident. Appellant Ganga Prasad also exhorted the other appellants to kill the deceased. Thereupon, appellant No. 1 Girija Prasad inflicted knife blows on the chest of deceased Prem Singh, appellant No. 2 Tampu fired a Katta (country made pistol) and appellant No. 4 Bajjan hurled a hand grenade at the deceased. This caused a great scare in the entire market area with the result that shop keepers at once closed their shops and ran away from the place. It was further the prosecution story that deceased Prem Singh sustained injuries. The appellants 3 and 8 i.e. Gampu and Ayodhi also hurled hand grenades. The deceased was forcibly taken to some distance near a medical shop of one Shikharchand in that market place where he fell down. After the incident the appellants ran away. Some of them were seen running away on a motor cycle and some on a moped.

(3.) The deceased's brother Komal Singh (P.W.1) and his companions Narayan (P.W. 2) and Ganga Singh (P. W. 3) were taking betal leaves in a nearby Pan-shop at the time of the incident. They picked up injured Prem Singh from near the medical shop and carried him on a hand-cart to Hindoriya Police Station where Komal Singh (P. W. 1) lodged a report (Ex.P-1) about the incident at 7.45 p.m. The deceased was rushed to Damoh Hospital where he was declared to be dead at 8.15 p.m. vide report of the doctor on Ex.P-6A. In post mortem examination the deceased was found to have sustained the following injuries as per report Ex.P-25 :