MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Appellants with late Shankariya S/c Hariya and late Malkhe S/c Hariya were convicted by Second Additional Sessions Judge Morena in S.T. No. 157/83 (State of M.P. v. Shankariya and others) on 21/10/1986 under Sections 148, 302/149 and 323/149 of the Indian Penal Code (Code for short) and sentended to undergo R.I. for one year, and life imprisonment and R.I. for 6 months respectively with the direction for concurrent execution. Both late Shankariya and late Malkhe died during the pendency of this appeal. Their appeals abated on 18/7/1991 and 22/9/ 2001 respectively.

(2.) As per prosecution, on 12/3/1983, at about 7.00 P.M. deceased Hakimsingh and Rajendra Singh (PW 1) were going to their fields. When they passed through the houses of the appellants, the appellants, late Shankariya and late Malkhe checked their way late Shankariya asked deceased Hakim Singh why does he visit the wife of his brother Ramcharan. Deceased Hakim Singh protested that late Shankariya is not concerned with his affairs Thereupon all the appellants with late Shankariya and late Malkhe started be labouring, deceased Hakim Singh. Sarman (A2) had a farsa in his hand while other appellants and late Shankariya and late Malkhe were armed with lathis. Even when deceased Hakimsingh fell on the ground, Gopal (A5) , Motilal (A4) struck blows of lathis on his head. When Rajendrasingh (PW 1) tried to intervene, late Shankariya and Gopal (A5) beat him also. Hearing the shouts for help of Rajendrasingh (PW 1), Mahaveersingh (PW 4), Sagarsingh (PW3), Raghurajsingh (PW 5) and Dildarsingh (PW 6) rushed to the spot. As per FIR late Shankariya and Sarman (A2) were also injured. Rajendrasingh (PW 1) proceeded to Police Station. Veerpur and lodged FIR (Ex. P /1) on the same day within two hours of such occurrence.

(3.) Jagdish Prasad (PW 14). Head Constable. proceeded to spot and prepared spot map (Ex. P 12). He seized the broken teeth pieces and cut portion of lip of deceased. Hakim Singh vide Ex. P 13. He seized plain and blood stained earth from the spot vide Ex. P 13 and P14. Both deceased Hakim Singh who was alive then and Rajendrasingh (PW 1) were sent for medical examination. Dr. K.K. Singh (PW 8) medically examined Rajendrasingh (PW 1) and found following two injuries on his person vide Ex. P/9: 1. Lacerated wound 3/4 x 1/2 x 1 14 on right forehead caused by hard and blunt object. Simple in nature. 2. Bruise size 1/3/4 x 3/4 on left hand (wrist) caused by hard and blunt object. Simple in nature. Duration within six hours. Dr. noted following injuries on the person of late Hakim Singh vide Ex. P 1-10: